Procedural Posture

Appellant citizens sought review of the decision of the Superior Court of Santa Barbara County (California), which entered a judgment sustaining respondent gas company's demurrer and dismissing appellants' negligence complaint alleging damages due to respondent's refusal to purge gas from its lines in spite of fire. Hire the best attorney for lawsuit Los Angeles.

Overview

Appellant citizens sued respondent gas company due to its refusal to purge gas from its lines and house meters, because of the expense and trouble such action would entail, in the wake of a rapidly spreading fire. Respondent's demurrer was sustained to appellants' initial complaint without leave to amend as to all causes of action except negligence. A second demurrer by respondents was sustained and appellants' complaint was dismissed. Appellants challenged the dismissal of their amended complaint for negligence. The court affirmed the superior court's order, finding that respondent had no legal duty to protect appellants from fire in their capacity as citizens and that only an individual contractual relationship could indicate assumption of such a duty. 

Outcome

The court affirmed the judgment sustaining respondent gas company's demurrer and dismissing appellant citizens' negligence complaint alleging damages due to respondent's failure to purge gas from its lines in the wake of a fire because respondent had no legal duty to protect appellants as individual citizens from fire.