California Court of Appeal

In plaintiff's negligence action against a transit district for sustaining injuries while exiting a bus, trial court's grant of transit district's demurrer is reversed and remanded where: 1) under the rules governing appellate review of a general demurrer, it cannot be interpreted that plaintiff's allegations that she subsequently provided the date of the occurrence to mean that she failed to do amend her claim; and 2) her allegations regarding compliance with the claim requirement are sufficient under Code of Civil Procedure section 459, which addresses pleading performance with statutory conditions.

Appellate Information

• Decided 10/05/2012
• Published 10/05/2012

Judges

• Franson

Court

• California Court of Appeal

Counsel