Tentative ruling issued by Judge 12/14/2022 on Nov. 23, 2022 in Marin County, CA - Case no: xxxxx670

DATE: 11/22/22 TIME: 1:30 P.M. DEPT: A CASE NO: CV2103670
PRESIDING: HON. STEPHEN P. FRECCERO
REPORTER: CLERK: Q. ROARY
PLAINTIFF: ROGER EIBERGER, ET AL
vs.
DEFENDANT: COUNTY OF MARIN, ET
AL
NATURE OF PROCEEDINGS: HEARING ON DEMURRER [DEFT] COUNTY OF MARIN
RULING
The County of Marin’s (“County”) demurrer is SUSTAINED without leave to amend.
Allegations in Plaintiffs’ Original Complaint
Plaintiffs’ original Complaint alleged that Defendants designed and implemented the design of
the subject property, described as “includ[ing] the wooden plat pathway and adjacent and
surrounding property including the foliage and trees next to the said pathway, along the Charles
F. McGlashan Multiuse Pathway at Tennessee Valley in the City of Mill Valley ....”
(Complaint, §3.) Plaintiffs further alleged that Defendants were responsible to maintain the
subject property “and surrounding area in good condition for pedestrian….....