Demurrer to the Complaint by Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC (erroneously sued as Enterprise Rent-A-Car) to the Complaint of Plaintiff, filed on 12/7/16, is OVERRULED. Defendant is ordered to answer within 10 days.
Defendant has not established that the complaint is preempted by the Graves Amendment, which precludes vicarious liability against the owner of a motor vehicle if the owner is in the trade or business of renting, the owner rented the vehicle to a person, the harm arises out of the use, operation, or possession of the vehicle during the rental period, and the owner is not independently negligent or engaged in criminal wrongdoing. 49 USCS § 30106.
The court cannot take judicial notice of the fact that Enterprise Rent-A-Car is in the business of renting cars. Defendant relies on the Declaration of Adam Miller who asserts this as a fact. Miller Declaration ¶ 4. The court cannot take judicial notice of facts asserted in declarations. Bach v. McNelis
Hearing Date
January 23, 2017
Type
Motor Vehicle - PI/PD/WD (General Jurisdiction)
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Demurrer to the Complaint by Defendant Enterprise Rent-A-Car Company of Los Angeles, LLC (erroneously sued as Enterprise Rent-A-Car) to the Complaint of Plaintiff, filed on 12/7/16, is OVERRULED. Defendant is ordered to answer within 10 days.
Defendant has not established that the complaint is preempted by the Graves Amendment, which precludes vicarious liability against the owner of a motor vehicle if the owner is in the trade or business of renting, the owner rented the vehicle to a person, the harm arises out of the use, operation, or possession of the vehicle during the rental period, and the owner is not independently negligent or engaged in criminal wrongdoing. 49 USCS § 30106.
The court cannot take judicial notice of the fact that Enterprise Rent-A-Car is in the business of renting cars. Defendant relies on the Declaration of Adam Miller who asserts this as a fact. Miller Declaration ¶ 4. The court cannot take judicial notice of facts asserted in declarations. Bach v. McNelis