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Andonagui v. May Department Stores Company4/13/2005
ossible, result of the danger" or that defendant consciously failed to act to avoid the peril. (Bacon v. Southern Cal. Edison Co., supra, 53 Cal.App.4th at p. 859.) Plaintiff made no attempt either in the trial court or here to meet her burden of proving a reasonable probability that she can amend her complaint to cure the defects of her willful failure to warn count. (Blank, supra, 39 Cal.3d at p. 318; Cooper, supra, 70 Cal.2d at p. 636.) Accordingly, the demurrer was properly sustained without leave to amend as to plaintiff's willful failure to warn count.
[This Disposition is included for publication]
DISPOSITION
The judgment is reversed except as to plaintiff's willful failure to warn count, as to which count the order sustaining the demurrer without leave to amend is affirmed. Each party shall bear her or its own costs on appeal.
We concur:
TURNER, P.J.
KRIEGLER, J.
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