Defendant City of West Hollywood’s Demurrer to Plaintiff’s First Amended Complaint
BACKGROUND
On July 11, 2017, Plaintiff Efrieda Lubell Chay (“Plaintiff”) filed a complaint against Defendant City of West Hollywood (the “City”).
On August 8, 2017, Plaintiff filed the operative First Amended Complaint against the City, alleging causes of action for (1) Premises Liability and (2) General Negligence.
This is a slip-and-fall case. Plaintiff alleges that she was shopping at the West Hollywood Certified Farmers’ Market when she stepped on what she believes to be a vegetable or fruit and fell.
On September 11, 2017, the City filed its demurrer to Plaintiff’s First Amended Complaint.
The court has considered the moving and opposition papers.
LEGAL STANDARD
When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal. App. 4th 1216, 1228.) “A demurrer tests the pleadings alone and not the eviden
Hearing Date
October 31, 2017
Type
Premises Liablty (e.g. slip & fall (General Jurisdiction)
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Defendant City of West Hollywood’s Demurrer to Plaintiff’s First Amended Complaint
BACKGROUND
On July 11, 2017, Plaintiff Efrieda Lubell Chay (“Plaintiff”) filed a complaint against Defendant City of West Hollywood (the “City”).
On August 8, 2017, Plaintiff filed the operative First Amended Complaint against the City, alleging causes of action for (1) Premises Liability and (2) General Negligence.
This is a slip-and-fall case. Plaintiff alleges that she was shopping at the West Hollywood Certified Farmers’ Market when she stepped on what she believes to be a vegetable or fruit and fell.
On September 11, 2017, the City filed its demurrer to Plaintiff’s First Amended Complaint.
The court has considered the moving and opposition papers.
LEGAL STANDARD
When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal. App. 4th 1216, 1228.) “A demurrer tests the pleadings alone and not the eviden