Victory in Case against Stable – Case Dismissed After Persistent Demurrers
Riverside Superior Court dismissed the case against OLG’s client by refusing to give Plaintiff yet another chance to provide new facts without explanation when it sustained OLG’s demurrer to Plaintiff’s second amended complaint without leave, ending the lawsuit against OLG’s client after persistent motions filed by attorney Joel Witzman. Plaintiff filed an appeal, which was dismissed.
Plaintiff filed a complaint for negligence alleging that a horse given to her to ride fainted due to the stable’s alleged failure to care for the horse, which allegations were vigorously disputed by the stable. After conducting strategic discovery and depositions, OLG filed a motion for summary judgment which was granted, but, in a twist, the Court gave Plaintiff leave to amend her complaint. Plaintiff filed a first amended complaint making wholly new allegations that the horse fainted because the stable’s employee allegedly struck the horse without the required explanation for the new facts. OLG filed a demurrer to the first amended complaint, which was sustained by the Court with leave to amend, giving plaintiff yet another opportunity to explain the new facts. Plaintiff filed a second amended complaint with additional new allegations but no explanation; OLG demurred again. The Court agreed with OLG that Plaintiff failed to explain the new facts as required and had created a moving target. Persistence paid off as the Court finally sustained OLG’s demurrer to the second amended complaint, without leave to amend and awarded costs to the stable.
Joel Witzman wrote and argued the summary judgment and demurrers on behalf of OLG’s client.