Jennifer Capabianco Defeats Artfully-Pled Personal Injury Complaint At The Pleading Stage Of The Case

A family of Plaintiffs suffered serious physical injuries when rear-ended on a country road on the way to a pumpkin patch. Plaintiffs sued the pumpkin patch, in addition to CalTrans and the responsible driver, claiming the pumpkin patch created an artificial condition which caused a danger on the public roadway. However, Plaintiffs' complaint made clear that the artificial condition was nothing more than the presence of the pumpkin patch itself. Therefore, although Plaintiffs' Complaint had the correct "legal jargon," Jennifer's careful discussion of the rules of pleading, including issues regarding ultimate facts and factual conclusion, convinced the Court that the demurrer should be sustained without leave to amend.


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