Judge: James A. Mangione, Case: 37-2022-00029461-CU-PO-CTL, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 24, 2024

05/24/2024  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2022-00029461-CU-PO-CTL CASIMIRO ONTIVEROS VS ADAMO FAMILY TRUST [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants C R Lumina Group LLC and FJ Willert Contracting Co., Inc.'s Demurrer to Plaintiffs Jesus Casimiro Ontiveros and Alan De Jesus Rosales's Third Amended Complaint is sustained with leave to amend.

Plaintiffs are directed to file an amended complaint within fourteen (14) days.

The minute order is the order of the Court.

-- Defendant Jabir Adamo as Trustee of the Adamo Family Trust's ('Adamo') Demurrer to Plaintiff Bybeth Alcaraz's First Amended Complaint is overruled.

'The elements of a cause of action for negligence are (1) a legal duty to use reasonable care, (2) breach of that duty, and (3) proximate or legal cause between the breach and (4) the plaintiff's injury.' (Phillips v. TLC Plumbing, Inc. (2009) 172 Cal.App.4th 1133, 1139.) Here, the First Amended Complaint alleges that the Cactus Fire started on Adamo's property and/or co-Defendant C R Lumina Group LLC's property and spread to Plaintiff's property. Plaintiff alleges that all Defendants owed (and breached) a duty of care to maintain the vegetation adjacent to Plaintiff's property in compliance with statutory, regulatory and/or professional standards of care. Finally, Plaintiff alleges that the damage from the fire was caused by Defendants' alleged failure to maintain their property. Under the notice pleading standard in California, this is enough to overcome the demurrer.

The minute order is the order of the Court.

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