Judge: Mark H. Epstein, Case: 24SMCV00805, Date: 2024-09-04 Tentative Ruling

Case Number: 24SMCV00805    Hearing Date: September 4, 2024    Dept: I

The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND.  The motion to strike is GRANTED.

This is a negligence action filed by plaintiff against various public and private entities including the demurring party, the City of West Hollywood.  West Hollywood demurs to the second and third causes of action for negligence and premises liability on the ground that there are insufficient facts to support it.  In response, plaintiff clarified that it was not bringing those causes of action against West Hollywood.  The court believes that the complaint is ambiguous in that regard, but given plaintiff’s clarification, the best way to deal with the problem is to sustain the demurrer without leave to amend to clarify plaintiff’s stated position.  West Hollywood does not demur to the first cause of action.  This probably could have been dealt with had the parties engaged in a good faith and meaningful meet and confer process.

The motion to strike interest is based on Civil Code section 3291.  Defendant contends that interest is not available as against a public entity pursuant to Civil Code section 3291, which does so state.  Because it does not seem that plaintiff can overcome that statutory bar, the court is inclined to DENY LEAVE TO AMEND.  However, the court will inquire of plaintiff whether plaintiff believes that if given leave to amend plaintiff could cure that problem.