[TENTATIVE] ORDER RE: DEMURRER TO FIRST AMENDED COMPLAINT; DEMURRER SUSTAINED WITHOUT LEAVE TO AMEND I. BACKGROUND On June 7, 2018, plaintiff Patricia Sarmiento (“Plaintiff”) filed a complaint against defendants City of Downey (“City”) and Does 1 to 100. On August 13, 2018, Plaintiff filed a first amended complaint (“FAC”) alleging a single cause of action for negligence based on Vehicle Code section 14607.6(c)(1). Though unclear, it seems that Plaintiff alleges that she suffered emotional distress as a result of testimony she heard at a preliminary criminal hearing concerning the death of her son. (FAC ¶¶ 4, 18.) In particular, the FAC alleges that on August 29, 2017, Plaintiff attended a preliminary hearing concerning the criminal case of People v. Ortega et al Case No. NA104747. (FAC ¶ 4.) During the hearing, Officer Kurtz testified that on August 4, 2016, at or near 3:30 a.m., he conducted a traffic stop of a vehicle driven by Rueben Alexander Ortega (“Ortega”), the lead defendant
Hearing Date
October 24, 2018
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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[TENTATIVE] ORDER RE: DEMURRER TO FIRST AMENDED COMPLAINT; DEMURRER SUSTAINED WITHOUT LEAVE TO AMEND I. BACKGROUND On June 7, 2018, plaintiff Patricia Sarmiento (“Plaintiff”) filed a complaint against defendants City of Downey (“City”) and Does 1 to 100. On August 13, 2018, Plaintiff filed a first amended complaint (“FAC”) alleging a single cause of action for negligence based on Vehicle Code section 14607.6(c)(1). Though unclear, it seems that Plaintiff alleges that she suffered emotional distress as a result of testimony she heard at a preliminary criminal hearing concerning the death of her son. (FAC ¶¶ 4, 18.) In particular, the FAC alleges that on August 29, 2017, Plaintiff attended a preliminary hearing concerning the criminal case of People v. Ortega et al Case No. NA104747. (FAC ¶ 4.) During the hearing, Officer Kurtz testified that on August 4, 2016, at or near 3:30 a.m., he conducted a traffic stop of a vehicle driven by Rueben Alexander Ortega (“Ortega”), the lead defendant