Swaner

Summary

Appellants Corinne Swaner and Raymond Spina filed a complaint against the City of Santa Monica (City), the County of Los Angeles (County), the State of California (State) and Frank Veltri (Veltri). The complaint sought damages for injuries allegedly suffered by Swaner and Spina when they were struck by a vehicle driven by Veltri which the complaint alleges was negligently and illegally operated on the Santa Monica State Beach Park (sometimes referred to as the beach).

Veltri and the County answered the complaint. The City and State filed demurrers to the complaint. The trial court sustained the demurrers to the complaint as well as subsequent demurrers filed by the City and State to appellants’ first and second amended complaints. Following the sustaining of the demurrer to the second amended complaint without leave to amend, the trial court dismissed the complaint against the City and State with prejudice.

Appellants filed a timely notice of appeal from the trial court’s order of dismissal. Only the City and State are respondents in this appeal. For the reasons expressed below, we hold that the appellants’ complaints stated causes of actions against the…