Grace Church and School Demurrer to Complaint
2025CUPO045559: HANNAH KAYLEY LESSER, AN INDIVIDUAL vs UNITED TRACK CLUB, INC., A CALIFORNIA NON-PROFIT CORPORATION, et al. 07/21/2026 in Department 43 Demurrer
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Motion: Grace Church and School Demurrer to Complaint
Tentative Ruling: The Demurrer to Complaint of Defendant Grace Church and School TO the second cause of action for premises liability is OVERRULED. Plaintiff has pled that the Defendants (Grace Church and School by amendment as DOE 1 and DOE 2) controlled the Subject Premises at which Plaintiffs alleged injury occurred. (Complaint at ¶5 and ¶20.) (Alcaraz v. Vece (1997) 14 Cal.4th 1149, 1158, This court recognized in Johnston v. De La Guerra Properties, Inc. (1946) 28 Cal. 2d 394
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The court grants judicial notice of the court record (January 28, 2026, Doe Amendment) (Ev. Code, §452(c)) and the statements that Oak Park High School is a public institution, and Oak Park Unified School District is a public entity. (Ev. Code, §452(g).) However, this evidence does not negate the allegation in the complaint that Defendants (DOES 1 and 2) controlled the premises
2025CUPO045559: HANNAH KAYLEY LESSER, AN INDIVIDUAL vs UNITED TRACK CLUB, INC., A CALIFORNIA NON-PROFIT CORPORATION, et al.
(Complaint at ¶5 and ¶20). As stated above, control may provide a basis for liability distinct from ownership.
Defendants are granted leave to file an answer to the complaint on or before August 8, 2026.
Plaintiff is ordered to serve notice of the Courts ruling.
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