Eberhardt v. Mendocino County
Plaintiff Robert Eberhart (appellant) appeals from orders sustaining respondents Mendocino County Sheriff’s Office, by and through the County of Mendocino (County), and California Highway Patrol’s (CHP) demurrers to his second amended complaint without leave to amend. Appellant contends he stated a valid cause of action for premises liability because respondents: (1) controlled the road on which he was injured after a vehicle he was driving collided with a cow that was on the road; and (2) had a mandatory duty to seize the cow from the road to prevent the collision from occurring. For the reasons set forth below, we shall dismiss the appeal as to CHP and affirm the order as to County.
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