HEARING ON DEMURRER TO COMPLAINT
FILED BY DIABLO SCORPION LACROSSE CLUB
* TENTATIVE RULING: *
Defendant Diablo Scorpion Lacrosse Club’s demurer to the complaint is sustained, with leave to amend. (CCP § 430.10 (e).) Any amended complaint shall be filed and served on or before December 31, 2019.
The complaint alleges two causes of action, General Negligence and Premises Liability. The Lacrosse club is named as a defendant in each cause of action, but demurs only to the Second Cause of Action, Premises Liability.
According to the complaint, plaintiff was injured while playing softball at Sycamore Valley Park in a league organized by the Town of Danville when his foot got caught in a lacrosse net that the Club locked to the fence. (Prem.L-1.)
To be liable for premises liability a defendant must own or control the property. (Alcaraz v. Vece (1997) 14 Cal.4th 1149, 1162.)
The court does not consider the allegation that a party had such ownership or control to be a legal conclusion th
Hearing Date
December 05, 2019
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HEARING ON DEMURRER TO COMPLAINT
FILED BY DIABLO SCORPION LACROSSE CLUB
* TENTATIVE RULING: *
Defendant Diablo Scorpion Lacrosse Club’s demurer to the complaint is sustained, with leave to amend. (CCP § 430.10 (e).) Any amended complaint shall be filed and served on or before December 31, 2019.
The complaint alleges two causes of action, General Negligence and Premises Liability. The Lacrosse club is named as a defendant in each cause of action, but demurs only to the Second Cause of Action, Premises Liability.
According to the complaint, plaintiff was injured while playing softball at Sycamore Valley Park in a league organized by the Town of Danville when his foot got caught in a lacrosse net that the Club locked to the fence. (Prem.L-1.)
To be liable for premises liability a defendant must own or control the property. (Alcaraz v. Vece (1997) 14 Cal.4th 1149, 1162.)
The court does not consider the allegation that a party had such ownership or control to be a legal conclusion th