DEMURRER TO 1ST AMENDED COMPLAINT

Set for hearing on Wednesday, October 12, 2016, Line 18, DEFENDANT TRANSBAY JOINT POWERS AUTHORITY'S DEMURRER TO 1ST AMENDED COMPLAINT.

Defendant Transbay Joint Powers Authority's demurrer to the seventh and eight causes of action in the first amended complaint for nuisance and dangerous condition of public property is sustained without leave to amend. However, if and when plaintiffs serve TJPA with a Torts Claims Act claim covering nuisance and dangerous condition of public property and the claim is denied outright or by operation of law by inaction, plaintiffs may seek leave to amend to add causes of action for nuisance and dangerous condition of public property against TJPA. The claims served on TJPA, which the court takes judicial notice of, were not denied by TJPA when the first amended complaint was filed and do not adequately cover causes of action for nuisance and dangerous condition of public property.

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