What is the test for a plaintiff to bring a second amended complaint against the supermarket?

California, United States of America


The following excerpt is from Owens v. Kings Supermarket, 198 Cal.App.3d 379, 243 Cal.Rptr. 627 (Cal. App. 1988):

Having disposed of plaintiff's contention that the demurrer to the second amended complaint improperly attacked the truth of the factual allegations set forth in that complaint, we turn to the primary issue before us: Did the court err in finding that the supermarket owed no duty to a customer who was injured by the negligence of a third party in a public street adjacent to the supermarket premises? The determination that [198 Cal.App.3d 385] a defendant owed the plaintiff no duty of care is a complete defense to a cause of action for negligence. (Sprecher v. Adamson Companies (1981) 30 Cal.3d 358, 362, 178 Cal.Rptr. 783, 636 P.2d 1121.) The issue whether a duty exists is a question of law to be determined by the court, and is reviewable de novo. (See, e.g., Isaacs v. Huntington Memorial Hospital (1985) 38 Cal.3d 112, 124, 211 Cal.Rptr. 356, 695 P.2d 653.)

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