Judge: Robert C. Longstreth, Case: 37-2022-00038810-CU-PO-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2022-00038810-CU-PO-CTL NEILL VS AMAZON LOGISTICS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 03/11/2024

Defendant Amazon Logistics, Inc.'s unopposed Demurrer to Plaintiff's First Amended Complaint (ROA 58) is OVERRULED.

The court has considered Plaintiff's First Amended Complaint filed February 7, 2024. (ROA 54.) The court is required to liberally construe the pleadings 'with a view to substantial justice between the parties.' (Code Civ. Proc. § 452.) Here, Plaintiff claims, among other things, that Defendant negligently failed to provide him with a dolly, and overstocked a van in which packages were not properly organized, causing his injuries. The court finds that the First Amended Complaint, liberally construed, sufficiently alleges the basic elements of duty, breach, causation, and damages, and that any uncertainties or ambiguities can be clarified during the discovery process.

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

Calendar No.: Event ID:  TENTATIVE RULINGS

3097478  16