Defendant City of San Buenaventura‘s Demurrer to First Amended Complaint
2025CUPP049337: CHRISTINA DE FELICE vs CITY OF SIMI VALLEY, et al. 06/02/2026 in Department 43 Demurrer to the First Amended Complaint
The morning calendar in courtroom 43 will normally begin at 8:45. Please arrive for your hearing no later than 8:30 a.m. The door will be opened before the calendar is called.
The Court allows appearances by CourtCall and Zoom. Refer to the Courtroom 43 webpage for more information about remote appearances. If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made.
For Zoom appearances, all counsel appearing by Zoom must email the court at Courtroom43@ventura.courts.ca.gov with a simultaneous copy to all other counsel/selfrepresented parties no later than 3:00 p.m. the court day before the hearing. INCLUDE THE PHRASE "ZOOM APPEARANCE ON (DATE OF HEARING)" IN THE SUBJECT LINE OF YOUR EMAIL. The email must identify the person who will make the appearance. You will receive the login information for your appearance in reply to your email. If appearing by Zoom, log into the hearing no later than 8:30 a.m. The Court will transfer you to the meeting room when your matter is called. Additional instructions can be found on the Courtroom 43 webpage. When you log in to Zoom, be sure that your name and the case name are used as your Zoom name. IF YOU DO NOT FOLLOW ALL OF THESE INSTRUCTIONS, YOU WILL NOT BE PERMITTED TO APPEAR BY ZOOM AT THE HEARING.
With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judge Coats's secretary, Ms. Brantner at 805- 477-8790, stating that you submit on the tentative. Or you may email Courtroom43@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of sending a fax or email. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. If you are the moving party and do not advise the Court that you submit on the tentative, or you do not appear at the hearing, the Court may deny your motion irrespective of the tentative.
Unless stated otherwise at the hearing, if a formal order is required but not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
Motion: Defendant City of San Buenaventuras Demurrer to First Amended Complaint
Tentative Ruling: Defendant City of San Buenaventuras Demurrer to First Amended Complaint is Sustained without leave to amend.
2025CUPP049337: CHRISTINA DE FELICE vs CITY OF SIMI VALLEY, et al.
The Court takes notice of the status and location of the City of San Buenaventura and the City of Simi Valley, as well as the fact that the accident site is located in the City of Simi Valley and not within 30 miles of the boundary of the City of San Buenaventura.
There are no factual allegations to support the speculative statement that the City may have performed work on the accident site which is 30 miles from the Ventura city limits. Claims against public entities under the Government Claims Act must be pled with particularity, setting forth specific facts supporting each element of statutory liability. Plaintiffs does not allege facts, but rather mere possibilities. The City of San Buenaventura is not a signatory to the General Reciprocal Agreement which Plaintiff referenced in the original complaint and Plaintiff no longer relies on that agreement, but now alleges without any factual basis, that the City may have been, in some unknown fashion, involved with the subject location in Simi Valley.
For liability to be imposed on a public entity for a dangerous condition of property, the entity must be in a position to protect against or warn of the hazard. (Mamola v. State of California ex rel. Dept. of Transportation (1979) 94 Cal.App.3d 781, 788.)
. . . Where the public entity's relationship to the dangerous property is not clear, aid may be sought by inquiring whether the particular defendant had control, In the sense of power to prevent, remedy or guard against the dangerous condition; whether his ownership is a naked title or whether it is coupled with control; and whether a private defendant, having a similar relationship to the property, would be responsible for its safe condition.
(Mamola v. State of California ex rel. Dept. of Transportation, supra, 94 Cal.App.3d at p. 788; quoting Low v. City of Sacramento (1970) 7 Cal.App.3d 826, 833-834.)
The Court will sign the proposed order.
City of San Buenaventura is ordered to serve notice of the Courts ruling.
2