People Ex Rel. Department Of Transportation v. Superior Court

5 Cal. App. 4th 1480 (Cal. App. 2d Dist. 1992)

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Nature of the Case

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Facts

The Judicial Council had the authority under state statutes to prescribe forms for use in the state courts. A Judicial Council form was used to set forth a complaint, and it provided a space for a plaintiff to fulfill the requirement to supply a description of the premises and circumstances of the injury sustained. The form alleged that P’s car was heading north when another vehicle which was going south crossed over a dirt center divider and stuck P’s card. Cal Trans filed a demurrer and claimed that a form complaint filed by the Hernandez family did not set forth adequate circumstances of injury and reasons for liability required under the Code of Civil Procedure. The superior court judge overruled the demurrer in direct and explicit language holding that the pleadings were non-demurrable because they were on the statutorily prescribed form.