JAIME RAMIREZ, AN INDIVIDUAL vs CITY OF SIMI VALLEY, A PUBLIC ENTITY, et al.

2026CUPP062398: JAIME RAMIREZ, AN INDIVIDUAL vs CITY OF SIMI VALLEY, A PUBLIC ENTITY, et al. 07/22/2026 in Department 20 Demurrer by County of Ventura

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Motion: Defendant County of Ventura’s (“Defendant”) Demurrer to the Complaint

Tentative:

1. Defendant’s Request for Judicial Notice is GRANTED, in part. The Court takes judicial notice of Streets and Highways Code sections 418, 83, 90, and 91 identified in sections (1) and (2) of the request. The Court DENIES the request to take judicial notice of the matters set forth in sections (3) and (4).

2. Defendant’s demurrer pursuant to Code of Civil Procedure section 430.10, subdivision (e) is SUSTAINED, with leave to amend.

Plaintiff alleges the incident in suit occurred “at or near CA118 westbound approaching Exit 22, Madera Rod., Simi Valley, CA 93065.” “[B]efore governmental tort liability may be imposed for a dangerous condition, the public entity must either own or control the public property at issue at the time of the injury.” (Goddard v. Department of Fish & Wildlife (2015) 243 Cal.App.4th 350, 366 citing to Longfellow v. County of San Luis Obispo (1983) 144 Cal.App.3d 379, 383.) Streets and Highways Code section 418, specifically designates Route 118 as a State Route. State Routes are under the jurisdiction and control of the State. Therefore Plaintiff’s pleaded generalized conclusions that the County owned or controlled SR 118 are insufficient to state a claim for

2026CUPP062398: JAIME RAMIREZ, AN INDIVIDUAL vs CITY OF SIMI VALLEY, A PUBLIC ENTITY, et al.

dangerous condition of public property. In his opposition, Plaintiff appears to concede that the State owns and controls SR 118 but alludes to agreements that may exist between the State and the County for the County’s “ownership, operation, control and/or maintenance of the freeway.”

Plaintiff is granted leave file and serve a First Amended Complaint to the extent he can do so in accordance with Code of Civil Procedure section 128.7(b) and may do so on or before August 3, 2026.

Defendant shall give notice.

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