Tentative ruling issued by Judge Steve K. Austin on Sep. 09, 2021 in Contra Costa County, CA - Case no: xxxxx284

HEARING ON DEMURRER TO 1st Amended COMPLAINT

FILED BY CALIFORNIA HIGHWAY PATROL

* TENTATIVE RULING: *

The demurrer of defendant California Highway Patrol (“CHP”) to plaintiff’s First Amended Complaint (“FAC”) is sustained, without leave to amend. The CHP has pointed out fatal problems with plaintiff’s claim. Plaintiff’s Opposition fails to even address most of them. If plaintiff contests the tentative ruling to request leave to amend she should appear at the hearing prepared to discuss in detail how she proposes to amend and how the proposed amendment will solve the problems.

Background

Plaintiff is the mother of the decedent, Steven Armstrong. She files suit for wrongful death against the CHP and others, following Armstrong’s death while walking along Highway 4. The basis for the claim against the CHP is that its officers twice encountered Armstrong walking along Highway 4 earlier that day and instructed him to leave, but they took….....