Judge: Joel R Wohlfeil, Case: 37-2022-00025829-CU-PO-CTL, Date: 2023-10-27 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 25, 2023

10/27/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2022-00025829-CU-PO-CTL GOMEZ VS CITY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 09/13/2023

The general Demurrer (ROA # 39) of Defendant City of San Diego ('Defendant' or 'City') to the Complaint, and each of the causes of action contained therein, by Plaintiff Majelia Gomez ('Plaintiff'), is OVERRULED.

Defendant is ordered to file and serve its Answer within twenty (20) days of this hearing.

If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal. 4th 26, 38.

The Court is not limited to a plaintiff's theory of recovery in testing the sufficiency of the complaint against a demurrer, but instead must determine if the factual allegations of the complaint are adequate to state a cause of action under any legal theory. Id. If upon a consideration of all the facts stated, it appears that Plaintiff is entitled to any relief, the complaint will be held good, although the facts may not be clearly stated, or may be intermingled with a statement of other facts irrelevant to the cause of action. Gruenberg v. Aetna Ins. Co. (1973) 9 Cal. 3d 566, 572.

A public entity may be sued for a dangerous condition of its property. Gov. Code 835 and 835.2.

Paragraph 15 of the Complaint within the first cause of action references sections 835 and 835.2. Also, the facts alleged appear to support a claim for a dangerous condition of public property even though the title of this cause of action is incorrect. Therefore, a cause of action has been stated and the Demurrer is overruled on this basis.

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