1Īppellants contend the court erred in sustaining the demurrers because their pleadings state the facts required by the statutes upon which the various causes of action were based (Gov. The trial court sustained the demurrers without leave to amend and dismissed the complaint as to the respondents. These statutes provide a public entity is not liable for injury resulting from a failure to provide fire protection service or from a failure to maintain sufficient fire protection facilities. Respondents city and county demurred to all the causes of action on the grounds each failed to state facts sufficient to constitute a cause of action and further that each showed on its face that the action was barred by Government Code sections 850 and 850.2. Code, § 3479), in counts Seventeen through Twenty. Code, § 815.6), in counts Thirteen through Sixteen and (3) injury caused by nuisance (Civ. Code, § 835), in counts Nine through Twelve (2) injury caused by a failure to discharge a mandatory duty (Gov. After pleading eight counts against defendants not involved in this appeal, each plaintiff attempted to state causes of action against the respondent public entities on three different theories: (1) injury caused by a dangerous condition of the property (Gov. Appellants alleged they leased and occupied premises and conducted business on the airport, which was owned and operated by the City and County of Imperial. O'Neill for Defendants and Respondents.Īppellants (four in number) filed this tort action against respondents, the City and County of Imperial, and others to recover damages for injury to their property and loss of business profits resulting from a fire which occurred at the Imperial County Airport on June 24, 1971. Luce, Forward, Hamilton & Scripps and John D. (Opinion by Ault, J., with Brown (Gerald), P. COUNTY OF IMPERIAL et al., Defendants and Respondents VEDDER et al., Plaintiffs and Appellants, v.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |