Judge: Lee W. Tsao, Case: 24NWCV01330, Date: 2024-10-17 Tentative Ruling

Case Number: 24NWCV01330    Hearing Date: October 17, 2024    Dept: C

GWINN v. WHITTER UNION HIGH SCHOOL DISTRICT

CASE NO.:  24NWCV01330

HEARING:  10/17/24

#7

Defendant WHITTIER UNION HIGH SCHOOL DISTRICT’s Motion to Strike Portions of Plaintiff’s Complaint is GRANTED with 30 days leave to amend.

Moving Party to give notice.

This action sounding in premises liability was filed by Plaintiff JUDITH ANN GWINN (“Plaintiff”) on April 26, 2024. The operative Complaint asserts one sole cause of action for “Negligence and Dangerous Condition of Public Property Pursuant to Gov. Code §830 et seq.”

Defendant WHITTIER UNION HIGH SCHOOL DISTRICT (“Defendant”) moves to strike the reference to “negligence” in the heading of Plaintiff’s first cause of action.

A motion to strike lies either when (1) there is “irrelevant, false or improper matter inserted in any pleading”; or (2) to strike any pleading or part thereof “not drawn or filed in conformity with the laws of this state, a court rule or order of court.” (CCP §436.)

Under the statutory scheme in California, all governmental tort liability must be based on statute. (Duarte v. City of San Jose (1980) 100 Cal.App.3d 648, 653.)

Here, Plaintiff’s allegations support a claim for Premises Liabilty – Dangerous Condition on Public Property, which, although based on negligence, does not constitute a separate claim for negliegence.

It is undisputed that Plaintiff is not asserting a separate claim for general negligence in addition to the claim for dangerous condition on public property. In order to clear up any misunderstandings surrounding what/how many causes of action are being alleged, the Motion to Strike is GRANTED with 30 days leave to amend. Plaintiff is ORDERED to remove any reference to “negligence” in the heading of Plaintiff’s first cause of action.