Arista

Arista v. Cnty. of Riverside

Good Law
241 Cal. Rptr. 3d 437·29 Cal. App. 5th 1051
Court of Appeal of CaliforniaNovember 20, 2018E068432California5,834 words

Opinion

Lead Opinion

MILLER J.

*1054 In a second amended complaint (SAC), Christyna Arista (Wife), Andres Marin-Arista, Jazmyn Nicole Marin-Arista, Christal Marin Arista, and Julyan Marin Arista sued the County of Riverside (the County) for (1) wrongful death, (2) negligence, (3) negligent infliction of emotional distress, and (4) a deprivation of constitutional rights ( 42 U.S.C. § 1983 ). The trial court sustained the County's demurrer to the SAC without leave to amend. Wife, Andres, Jazmyn, Christal, and Julyan (collectively, the Family) contend the trial court erred. We reverse in part, and affirm in part.

FACTUAL AND PROCEDURAL HISTORY

A. SAC

The facts in this subsection are taken from the SAC. In 2014, Wife was married to Andres Marin (the victim). Wife and the victim shared four children: Andres, Jazmyn, Christal, and Julyan. On March 1, 2014, at approximately 6:30 a.m., the victim left the Family's residence in Corona to ride his mountain bike up Santiago Peak in the Cleveland National Forest. The bike ride would be approximately 55 miles. The victim was scheduled to arrive back home at 2:00 p.m.

Temperatures at 6:30 a.m., in Corona, were in the 50s or 60s and there was occasional light…

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