Judge: Lynne M. Hobbs, Case: 21STCV20591, Date: 2023-05-08 Tentative Ruling

Case Number: 21STCV20591    Hearing Date: May 8, 2023    Dept: 30

#39

Margarita Beltran v. California Department of Transportation, et al.

21STCV20591

Demurrer to Complaint, by CHP

Ruling:  Overruled. Defendant ordered to answer without objection within 20 days. 

Moving party to give notice.

Rationale:

CHP's request for judicial notice is granted.
Court overrules Defendant's demurrer on the following grounds:
1. that the lawsuit impermissibly expands upon Plaintiff's Governmental Claim;
2.that the tow truck driver is not identified so the cause of action fails;
3. that it is not pleaded that the tow truck driver owes a duty of care; 
and 
4. that CHP did not have an employment relationship with the tow truck driver.

The Court finds that the government claim and complaint describe the same facts. Plaintiff is permitted to use the name John Doe for the truck driver until she discovers his true identity. For purposes of the demurrer, Plaintiff's allegation that the truck driver worked for each of the defendants is enough to show CHP vicariously liable for the actions of John Doe. The FPS statutes do not bar CHP from acting as a special employer of CHP and whether CHP is a "special employer" of the tow truck driver must be determined on a case by case basis.  The Court cannot consider extraneous facts to the Complaint.  For purposes of the demurrer, the complaint adequately states facts showing that CHP is vicariously liable for John Doe's negligence.  For these reasons, the demurrer is overruled.