Merrick v. Prism Hospitality, et al.
I. DEMURRER
The Demurrer of Defendants PRISM HOSPITALITY, L.P. and HYATT FRANCHISING, LLC (erroneously sued as HYATT CORPORATION), filed on 10/25/2019, is OVERRULED. Defendants are ordered to answer within 10 days.
Plaintiff alleges that she slipped and fell while exiting a bathtub at the hotel owned and operated by the Defendants. Plaintiff alleges Defendants negligently failed to maintain the valve of the bathtub, which leaked and caused water to pool on the floor, and that this failure to maintain the bathtub caused her injury. Plaintiff further alleges that Defendants failed to warn of this condition.
Based on these facts, Plaintiff asserts two causes of action, premises liability and general negligence. Defendant has demurred to each of these claims, stating (1) the complaint is barred by a delay in prosecution under Code of Civil Procedure section 583.110, et seq.; and (2) the failure to warn theory is improperly based on Civil Code sectio
Hearing Date
November 26, 2019
Type
Premises Liability (e.g.slip & fall) (General Jurisdiction)
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Merrick v. Prism Hospitality, et al.
I. DEMURRER
The Demurrer of Defendants PRISM HOSPITALITY, L.P. and HYATT FRANCHISING, LLC (erroneously sued as HYATT CORPORATION), filed on 10/25/2019, is OVERRULED. Defendants are ordered to answer within 10 days.
Plaintiff alleges that she slipped and fell while exiting a bathtub at the hotel owned and operated by the Defendants. Plaintiff alleges Defendants negligently failed to maintain the valve of the bathtub, which leaked and caused water to pool on the floor, and that this failure to maintain the bathtub caused her injury. Plaintiff further alleges that Defendants failed to warn of this condition.
Based on these facts, Plaintiff asserts two causes of action, premises liability and general negligence. Defendant has demurred to each of these claims, stating (1) the complaint is barred by a delay in prosecution under Code of Civil Procedure section 583.110, et seq.; and (2) the failure to warn theory is improperly based on Civil Code sectio