BONNYE BENHAM VS MARKET PLACE LONG BEACH ET AL

Case No.: BC662005    



Demurrer to the Second Cause of Action Count Two for Willful Failure to Warn by Defendant Regal Cinemas is OVERRULED. Regal has ten days from the date of this order to file an answer.

SUMMARY:

Regal demurs to the second cause for premises liability on the ground that it fails to state facts sufficient to constitute a cause of action and is uncertain. (CCP section 430.10(e)&(f).) Specifically, Regal demurs to count two – willful failure to warn and alleges that since Plaintiff fails to allege a recreational purpose for being at the subject premises, the allegations do not conform with the requirements of Civil Code section 846 which is the basis of count two.

Plaintiff opposes on the ground that the question of whether Plaintiff entered the subject premises for a recreational purpose is a question of fact not suitable to be determined by demurrer. Thus, Plaintiff contends that the complaint sufficiently alleges a cause of act........