Superior Court of California
County of Los Angeles
Southwest District
Torrance Dept. B
YOUNG KOOK CHO, Plaintiff,
Case No.: BC697693 vs. [Tentative] RULING
JOHN MCEWAN, et al., Defendants.
Hearing Date: April 11, 2019
Moving Parties: Defendant John McEwan
Responding Party: Plaintiff Young Kook Cho
Demurrer to FAC
The court considered the moving, opposition, and reply papers.
RULING
The demurrer is SUSTAINED with twenty days leave to amend as to the fourth cause of action only. Otherwise the demurrer is overruled.
BACKGROUND
On March 12, 2018, Plaintiff Young Kook Cho (“Plaintiff”) filed a complaint against Defendants John McEwan (“McEwan”) and Uber Technologies, Inc., for negligence, assault and battery, and violation of the Bane Act, Civil Code § 52.1.
On August 7, 2018, Plaintiff filed a First Amended Complaint (“FAC”) adding a fourth cause of action for violation of Ralph Civil Rights Act of 1976 (Civil Code §§ 51.7).
LEGAL AUTHORITY
When considering demurrers, cou
Hearing Date
April 11, 2019
Type
Motor Vehicle - Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Superior Court of California
County of Los Angeles
Southwest District
Torrance Dept. B
YOUNG KOOK CHO, Plaintiff,
Case No.: BC697693 vs. [Tentative] RULING
JOHN MCEWAN, et al., Defendants.
Hearing Date: April 11, 2019
Moving Parties: Defendant John McEwan
Responding Party: Plaintiff Young Kook Cho
Demurrer to FAC
The court considered the moving, opposition, and reply papers.
RULING
The demurrer is SUSTAINED with twenty days leave to amend as to the fourth cause of action only. Otherwise the demurrer is overruled.
BACKGROUND
On March 12, 2018, Plaintiff Young Kook Cho (“Plaintiff”) filed a complaint against Defendants John McEwan (“McEwan”) and Uber Technologies, Inc., for negligence, assault and battery, and violation of the Bane Act, Civil Code § 52.1.
On August 7, 2018, Plaintiff filed a First Amended Complaint (“FAC”) adding a fourth cause of action for violation of Ralph Civil Rights Act of 1976 (Civil Code §§ 51.7).
LEGAL AUTHORITY
When considering demurrers, cou