[TENTATIVE] ORDER RE: DEFENDANT’S DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT; OVERRULED
I. INTRODUCTION
On October 2, 2018, Plaintiff Christopher Carter (“Plaintiff”) filed this action against Defendant Santa Monica Community College District (“Defendant”) for injuries sustained in a martial arts class. On January 28, 2019, Plaintiff field a First Amended Complaint (“FAC”). Defendant demurs on grounds the cause of action for general negligence is uncertain and barred by the doctrine of primary assumption of risk.
II. LEGAL STANDARDS
A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint as true and also consider matters whic
Hearing Date
April 04, 2019
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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[TENTATIVE] ORDER RE: DEFENDANT’S DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT; OVERRULED
I. INTRODUCTION
On October 2, 2018, Plaintiff Christopher Carter (“Plaintiff”) filed this action against Defendant Santa Monica Community College District (“Defendant”) for injuries sustained in a martial arts class. On January 28, 2019, Plaintiff field a First Amended Complaint (“FAC”). Defendant demurs on grounds the cause of action for general negligence is uncertain and barred by the doctrine of primary assumption of risk.
II. LEGAL STANDARDS
A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) “We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. We accept the factual allegations of the complaint as true and also consider matters whic