Judge: James A. Mangione, Case: 37-2023-00025747-CU-PO-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 31, 2024

05/31/2024  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 37-2023-00025747-CU-PO-CTL OREILLY VS AIRBNB INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Airbnb, Inc.'s Demurrer is overruled.

Defendant's demurrer is premised on the contention that judicially noticeable facts prove the allegations regarding Defendant's ownership, control and maintenance over the property, as well as the alleged employment and/or agency relationship are false. However, the Court agrees with Plaintiff that judicial notice of Airbnb's Terms and Conditions, and the federal cases which rely upon them, are improper. As such, the Court must accept Plaintiff's factual allegations as true without assessing their credibility. The factual allegations in the complaint, as summarized by Defendant, are: '(1) that all defendants 'own, maintain, lease, operate, control, repair, supervise, manage and/or occupy the Property', ([Compl.] ¶ 26), and 'knew or should have known about the unreasonable risk of harm' due to the condition of the Property (id. ¶ 31); (2) that each defendant 'were employees and/or agents of' all other defendants (id. ¶ 45); and (3) that all defendants 'breached their duty to properly train, supervise, retain and/or supervise' their employees because the employees 'unreasonably created the allegedly dangerous condition at the Property' (id. ¶ 53).' (ROA 32, pg. 3.) This is sufficient to support the causes of actions alleged in the Complaint.

Defendant's request for judicial notice is denied.

The minute order is the order of the Court.

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