Motion for Judgment on the Pleadings filed by Defendant CITY OF VALLEJO TENTATIVE RULING
The CITY’s motion for judgment on the pleadings as to the cause of action for general negligence and the cause of action for premises liability is granted with leave to amend. Under Government Code §815, a public entity may not be liable for injury “except provided by statute.” The complaint does not identify any statute upon which these causes of action may be based. Therefore, the complaint does not state facts sufficient to constitute either of these causes of action.
The motion for judgment on the pleadings as to the count for failure to warn, which is included in the cause of action for premises liability, is also granted with leave to amend. Civil Code Section 846 does not apply to a public entity. (Avila v. Citrus Community College (2006) 38 Cal.4th 148, 156). Therefore, the complaint cannot state a cause of action for failure to warn under Civil Code Section 846 against the CITY.
The motion
Hearing Date
October 19, 2018
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Motion for Judgment on the Pleadings filed by Defendant CITY OF VALLEJO TENTATIVE RULING
The CITY’s motion for judgment on the pleadings as to the cause of action for general negligence and the cause of action for premises liability is granted with leave to amend. Under Government Code §815, a public entity may not be liable for injury “except provided by statute.” The complaint does not identify any statute upon which these causes of action may be based. Therefore, the complaint does not state facts sufficient to constitute either of these causes of action.
The motion for judgment on the pleadings as to the count for failure to warn, which is included in the cause of action for premises liability, is also granted with leave to amend. Civil Code Section 846 does not apply to a public entity. (Avila v. Citrus Community College (2006) 38 Cal.4th 148, 156). Therefore, the complaint cannot state a cause of action for failure to warn under Civil Code Section 846 against the CITY.
The motion