BLAKELY VS CITY OF DEMURRER TO FIRST AMENDED
CVRI2100943
CORONA COMPLAINT
Tentative Ruling: Demurrer of City of Corona:
Defendant City’s Demurrer as the firstcause of action(Negligence) and third cause of action
(Breach of Mandatory Duties) is Sustained with 30 days leave to amend. On Negligence, a
government entity may be held liable under the “retained control doctrine’ for a tortious act or
omission of its independent contractor pursuant to Government Code Section 815.4, however,
Plaintiff must allege the prerequisites of section 815.4, including the factual allegation that the
employee’s injury must have been proximately caused by a tortious act or omission of the
independent contractor. The FAC does not establish any factual
Hearing Date
August 10, 2021
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BLAKELY VS CITY OF DEMURRER TO FIRST AMENDED
CVRI2100943
CORONA COMPLAINT
Tentative Ruling: Demurrer of City of Corona:
Defendant City’s Demurrer as the firstcause of action(Negligence) and third cause of action
(Breach of Mandatory Duties) is Sustained with 30 days leave to amend. On Negligence, a
government entity may be held liable under the “retained control doctrine’ for a tortious act or
omission of its independent contractor pursuant to Government Code Section 815.4, however,
Plaintiff must allege the prerequisites of section 815.4, including the factual allegation that the
employee’s injury must have been proximately caused by a tortious act or omission of the
independent contractor. The FAC does not establish any factual