People Ex Rel. Department of Transportation v. Superior Court
Opinion
Opinion
Gilbert, J.
Are Judicial Council form complaints invulnerable to a demurrer? No.
Real parties in interest used a form complaint to state a cause of action against a governmental entity. The governmental entity demurred. The trial court overruled the demurrer on the ground that a Judicial Council form complaint is immune from attack by way of demurrer. We conclude otherwise. A Judicial Council form complaint may be subject to demurrer. We therefore grant a writ of mandate.
Facts
Petitioner, State of California, Department of Transportation (CalTrans) is a defendant in this lawsuit. Real parties are the plaintiffs. They filed their complaint on a form prepared by the Judicial Council. In their complaint, they alleged that CalTrans maintained public property in a dangerous condition. They also alleged that on January 12, 1990, a traffic collision occurred on Highway 101, and that real parties have suffered personal injuries as a result of the collision.
A section of the form complaint with the heading “Prem.L-1.” provides space for a plaintiff to fulfill the requirement to supply a “description of premises and circumstances of injury.”