The Demurrer to the Complaint by Defendant the People of the State of California by and through the Department of Transportation is SUSTAINED.
Legal Standard
For a demurrer, the allegations of the complaint are read liberally and plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim against him. (See Semole v. Sansoucie (1972) 28 Cal. App. 3d 714, 721.)
Public Entity Liability
Defendant the People of the State of California by and through the Department of Transportation (the “State”) (erroneously sued as the State of California) demurs to the complaint pursuant to Code of Civil Procedure § 430.10 et seq., on the ground that the complaint fails to allege facts with particularity as is required when alleging liability against a public entity. The State also argues that Plaintiff’s exclusive basis of recovery is pursuant to Government Code § 835. Plaintiff failed to file an opposition.
The State is public entity. (
Hearing Date
January 22, 2018
Type
Other PI/PD/WD (General Jurisdiction)
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The Demurrer to the Complaint by Defendant the People of the State of California by and through the Department of Transportation is SUSTAINED.
Legal Standard
For a demurrer, the allegations of the complaint are read liberally and plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim against him. (See Semole v. Sansoucie (1972) 28 Cal. App. 3d 714, 721.)
Public Entity Liability
Defendant the People of the State of California by and through the Department of Transportation (the “State”) (erroneously sued as the State of California) demurs to the complaint pursuant to Code of Civil Procedure § 430.10 et seq., on the ground that the complaint fails to allege facts with particularity as is required when alleging liability against a public entity. The State also argues that Plaintiff’s exclusive basis of recovery is pursuant to Government Code § 835. Plaintiff failed to file an opposition.
The State is public entity. (