[TENTATIVE] ORDER RE: DEMURRER TO COMPLAINT; DEMURRER IS OVERRULED I. BACKGROUND On June 12, 2018, plaintiff Hugo Rivas (“Plaintiff”) filed a complaint against defendants Danielle N. Dabbs (“Dabbs”), Bobby Johnson (“Johnson”), Adelphia and Does 1 to 20 alleging causes of action for negligence (premises liability) and negligence (statutory liability). The complaint alleges the following: (1) On July 7, 2016, Plaintiff, who was employed by the defendants, was injured while working as a construction worker on premises owned, maintained, controlled managed and operated by Dabbs. (Complaint ¶¶ 7, 10-16, 27 and 30); (2) While working without any security gear, Plaintiff was sitting on a beam which was about 15 feet above ground when suddenly and without warning the beam gave away causing Plaintiff to fall to the ground. (Id. ¶¶ 15, 16); and (3) The defendants did not carry worker’s compensation at the time of the incident. (Id. ¶ 13.) On July 25, 2018, Dabbs filed a demurrer. On August 15, 2
Hearing Date
September 07, 2018
Type
Premises Liablty (e.g. slip & fall (General Jurisdiction)
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[TENTATIVE] ORDER RE: DEMURRER TO COMPLAINT; DEMURRER IS OVERRULED I. BACKGROUND On June 12, 2018, plaintiff Hugo Rivas (“Plaintiff”) filed a complaint against defendants Danielle N. Dabbs (“Dabbs”), Bobby Johnson (“Johnson”), Adelphia and Does 1 to 20 alleging causes of action for negligence (premises liability) and negligence (statutory liability). The complaint alleges the following: (1) On July 7, 2016, Plaintiff, who was employed by the defendants, was injured while working as a construction worker on premises owned, maintained, controlled managed and operated by Dabbs. (Complaint ¶¶ 7, 10-16, 27 and 30); (2) While working without any security gear, Plaintiff was sitting on a beam which was about 15 feet above ground when suddenly and without warning the beam gave away causing Plaintiff to fall to the ground. (Id. ¶¶ 15, 16); and (3) The defendants did not carry worker’s compensation at the time of the incident. (Id. ¶ 13.) On July 25, 2018, Dabbs filed a demurrer. On August 15, 2