BROOKE KELSBERG, Plaintiff(s), vs. SHEILA RAE KALIVAS et al., Defendant(s).
Case No.: BC680016
[TENTATIVE] ORDER SUSTAINING THE DEMURRER TO THE FIRST AND THIRD CAUSES OF ACTION AND GRANTING THE MOTION TO STRIKE
Dept. 3
1:30 p.m.
May 7, 2018
The Demurrer to the First and Third Causes of Action for Negligence Per Se and Negligent Entrustment is SUSTAINED with fifteen days’ leave to amend. Regarding Negligence Per Se, Plaintiff is granted leave to amend the first cause of action to include allegations of Negligence Per Se. The Motion to Strike is GRANTED in entirety. Leave to amend the prayer for punitive damages will only be granted if Plaintiff can make an offer of proof at the hearing on how the pleading can be amended to warrant punitive damages.
I. Background Facts
On October 17, 2017, Plaintiff Brooke Kelsberg (“Plaintiff”) filed a complaint against defendants Sheila Rae Kalivas, John Luis Kalivas and Does 1 to 50 alleging causes of action for negligence, negligence per se a
Hearing Date
May 07, 2018
Type
Motor Vehicle - PI/PD/WD (General Jurisdiction)
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BROOKE KELSBERG, Plaintiff(s), vs. SHEILA RAE KALIVAS et al., Defendant(s).
Case No.: BC680016
[TENTATIVE] ORDER SUSTAINING THE DEMURRER TO THE FIRST AND THIRD CAUSES OF ACTION AND GRANTING THE MOTION TO STRIKE
Dept. 3
1:30 p.m.
May 7, 2018
The Demurrer to the First and Third Causes of Action for Negligence Per Se and Negligent Entrustment is SUSTAINED with fifteen days’ leave to amend. Regarding Negligence Per Se, Plaintiff is granted leave to amend the first cause of action to include allegations of Negligence Per Se. The Motion to Strike is GRANTED in entirety. Leave to amend the prayer for punitive damages will only be granted if Plaintiff can make an offer of proof at the hearing on how the pleading can be amended to warrant punitive damages.
I. Background Facts
On October 17, 2017, Plaintiff Brooke Kelsberg (“Plaintiff”) filed a complaint against defendants Sheila Rae Kalivas, John Luis Kalivas and Does 1 to 50 alleging causes of action for negligence, negligence per se a