What is strict products liability?

Useful Rulings on Strict Products Liability

Recent Rulings on Strict Products Liability

226-250 of 621 results

ALEXANDRA SOFINE ET AL VS KIM VO ET AL

However, Plaintiffs allege negligence claims and one cause of action for strict products liability. The complaint does not assert facts that can be described as “despicable” which is conduct so “vile, base, contemptible, miserable, wretched or loathsome that it would be looked down upon and despised by ordinary decent people." Mock v. Michigan Millers Mutual Ins. Co. (1992) 4 Cal. App. 4th 306, 331.

  • Hearing

    Dec 20, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MARTHA MACHADO VS HELEN GRACE CHOCOLATES LLC ET AL

Plaintiff brought causes of action for: (1) General Negligence; (2) Strict Products Liability; (3) Negligent Products Liability; (4) Breach of Implied Warranty of Merchantability; (5) Fraudulent Concealment; and (6) Battery. Machado has reached a settlement with defendants HGC and BFC and applies for a determination of good faith. II. Standard California Code of Civil Procedure § 877.6(b) allows a party to request determination by the court that a settlement was made in good-faith.

  • Hearing

    Dec 20, 2018

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

PATRICIA FORGIE ET AL VS BRENNTAG NORTH AMERICA INC ET AL

., individually and as personal representative for the estate of Patricia Forgie, deceased, Anna Forgie, and Julia Forgie allege causes of action for wrongful death and strict products liability. The FAC alleges that decedent Patricia Forgie developed malignant mesothelioma as a result of exposure to asbestos from asbestos-containing talc. (FAC, ¶ 3.) Among the defendants are the moving defendants here, Bristol Myers Squibb Company (Bristol Myers) and Revlon, Inc.

  • Hearing

    Dec 19, 2018

JOANNE LICHTMAN, ET AL. VS ABB INC, ET AL.

Strict Products Liability 3. Negligent Products Liability 4. NIED 5.

  • Hearing

    Dec 14, 2018

MICHAEL SHABSIS VS THE REGENTS OF THE UNIVERSITY OF CALIF

In the first amended complaint (“FAC”), Plaintiffs assert causes of action for (1) medical negligence; (2) respondeat superior; (3) denial of medical care; (4) excessive force; (5) battery; (6) negligence; (7) strict product liability- failure to warn; (8) strict products liability- negligence; (9) breach of express warranty; (10) breach of implied warranty; and (11) negligence. On November 30, 2018, the Court moved Defendant Pfizer’s Motion to Compel Testimony from March 1, 2019 to December 12, 2018.

  • Hearing

    Dec 12, 2018

CHASE HOLLOWAY ET AL VS MARUICHI AMERICAN CORPORATION

The SAC, filed on June 7, 2018, asserts the following causes of action: (1) Negligence; (2) Wrongful Death; (3) Strict Performance Liability for Manufacture and Design Defect; and (4) Strict Products Liability for Failure to Warn. Defendant MARUICHI demurs to Plaintiff’s first and second causes of action pursuant to CCP §430.10(e) and (f).

  • Hearing

    Dec 11, 2018

ANTHONY GUEVARA ET AL VS KENMORE ET AL

The First Amended Complaint (“FAC”) alleges the following causes of action: 1) Strict products liability; 2) Breach of warranty; 3) Negligence against manufacturers, distributors, and sellers; 4) Negligence against gas company and inspectors 5) Premises liability; 6) Negligent infliction of emotional distress; and 7) Wrongful death; Defendant The Fragoso Family Living Trust is the owner of the property where plaintiffs lived at the time of the incident.

  • Hearing

    Dec 11, 2018

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

CHARLES JENKINS VS. MOTORCYCLE DEALERS CORP

The Judicial Council form complaint asserts a claim for products liability under three theories: (1) strict products liability; (2) negligence; and (3) breach of warranty. Earlier this year defendant came into possession of a letter from GEICO ("GEICO Letter") stating that plaintiff's insurance coverage on his motorcycle had been cancelled. San Filippo Decl., ¶ 10. On October 11, 2018, defendant issued two subpoenas to GEICO.

  • Hearing

    Dec 06, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

CHARLES JENKINS VS. MOTORCYCLE DEALERS CORP

The Judicial Council form complaint asserts a claim for products liability under three theories: (1) strict products liability; (2) negligence; and (3) breach of warranty. Earlier this year defendant came into possession of a letter from GEICO ("GEICO Letter") stating that plaintiff's insurance coverage on his motorcycle had been cancelled. San Filippo Decl., ¶ 10. On October 11, 2018, defendant issued two subpoenas to GEICO.

  • Hearing

    Dec 06, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

CHARLES JENKINS VS. MOTORCYCLE DEALERS CORP

The Judicial Council form complaint asserts a claim for products liability under three theories: (1) strict products liability; (2) negligence; and (3) breach of warranty. Earlier this year defendant came into possession of a letter from GEICO ("GEICO Letter") stating that plaintiff's insurance coverage on his motorcycle had been cancelled. San Filippo Decl., ¶ 10. On October 11, 2018, defendant issued two subpoenas to GEICO.

  • Hearing

    Dec 06, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

ROBERTO FOURCADE, ET AL. VS. HDS SUPPLY CONSTRUCTION & INDUS

The First Amended Complaint (“FAC”) alleges the following: (1) Breach of written contract (2) Breach of implied covenant of good faith and fair dealing (3) Breach of fit and finish warranties (4) Strict products liability (5) Fraud and negligent misrepresentation HD Supply now demurs to the second and fourth causes of action and moves to strike the request for punitive damages from the FAC. The demurrer and motion to strike are opposed.

  • Hearing

    Dec 06, 2018

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

AMIRANI RIOS VS OMAR CABRERA

The first cause of action is asserted against Michelin and Costco for strict products liability based on alleged defects in the tire. (Complaint, ¶ 22.) The second cause of action is asserted against Michelin, Costco, and Costco’s employee, defendant Omar Cabrera, for negligence with respect to the manufacture, inspection, and marketing of the tire. The tire was inspected on September 8, 2015, at the Goleta Costco by Cabrera. (Complaint, ¶ 17.)

  • Hearing

    Dec 05, 2018

MARIA DEL CARMEN RUA VS NISSAN MOTOR CO LTD ET AL

., Infiniti USA, Infiniti of Riverside, and Cerritos Infiniti for strict products liability and negligence. On February 28, 2018, plaintiff filed an amendment designating Nissan North America, Inc. as Doe 1. On September 20, 2018, plaintiff dismissed the 1st cause of action for strict products liability. Legal Standard CCP § 438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . .

  • Hearing

    Nov 30, 2018

MICHAEL SHABSIS VS THE REGENTS OF THE UNIVERSITY OF CALIF

In the first amended complaint (“FAC”), Plaintiffs assert causes of action for (1) medical negligence; (2) respondeat superior; (3) denial of medical care; (4) excessive force; (5) battery; (6) negligence; (7) strict product liability- failure to warn; (8) strict products liability- negligence; (9) breach of express warranty; (10) breach of implied warranty; and (11) negligence.

  • Hearing

    Nov 30, 2018

ADAMSON V. EURO SHINE, USA

Plaintiff filed a 1st amended complaint against defendants asserting causes of action for negligence, strict products liability, failure to warn, breach of implied warranty, financial elder abuse, negligent infliction of emotional distress, and respondeat superior. Plaintiff also seeks an award of punitive damages.

  • Hearing

    Nov 30, 2018

PHILLIP J BRAUNSTEIN VS DANIEL B KIM ET AL

State Farm alleges the following claims: C/A 1: Against all Defendants for Negligence C/A 2: Against Tyco for Strict Products Liability C/A 3: Against Tyco for Breach of Implied Warranties Three Cross-Complaints filed. Date Filed 1. Tyco Fire Products LP v. Kim, et al. 2/9/17 Cross-Complainant Tyco Fire Products LP Cross-Defendants Daniel Kim, individual/trustee Daniel B. Kim and Sun Hee Lee Revocable Trust dated 3-12-2001 Sun Hee Lee, individual/trustee Daniel B.

  • Hearing

    Nov 29, 2018

CSAA INS. EXCHANGE VS. LEVITON MANUFACTURING CO., INC., ET AL

As plaintiff may not assert common law claims for negligence and strict products liability based on the allegations of the complaint, the demurrer must be sustained. Defendant asserts that plaintiff will also be unable to allege a valid statutory cause of action based on the failure to comply with prelitigation notice requirements under Civil Code section 910(a).

  • Hearing

    Nov 27, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    MICHAEL A. JACQUES

  • County

    Placer County, CA

BETTY ORTEGA VS GENERAL MOTORS LLC

The authorities Bigler-Engler cites, however, involve strict products liability, not fraud. Bigler-Engler has not provided any reason to apply this duty to the fraud cause of action here, and we are aware of none. Products liability law involves a set of circumstances, elements, and doctrines that are independent from, and not directly applicable to, fraud. The duties underlying each cannot simply be applied to the other.”) (internal citations omitted).)

  • Hearing

    Nov 16, 2018

ANDERSON VS ANDERSON

The FAC added the staircase manufacturer (Cohen) as a defendant, and adds a legal theory (strict products liability). The manufacturer answered and filed a cross-complaint against yet another party, Kniff, for equitable indemnity. ROA 38, 40. Kniff was evidently thought to have been the installer of the spiral staircase but was actually the architect; he later answered. He was dismissed a month later. ROA 86-88. The parties were before the court on the ex parte calendar on May 24, 2017.

  • Hearing

    Nov 15, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ANDERSON VS ANDERSON

The FAC added the staircase manufacturer (Cohen) as a defendant, and adds a legal theory (strict products liability). The manufacturer answered and filed a cross-complaint against yet another party, Kniff, for equitable indemnity. ROA 38, 40. Kniff was evidently thought to have been the installer of the spiral staircase but was actually the architect; he later answered. He was dismissed a month later. ROA 86-88. The parties were before the court on the ex parte calendar on May 24, 2017.

  • Hearing

    Nov 15, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

RYAN V. DELTA CONSULTING & ENGINEERING ET AL

Defendant Bruce Tucker Construction (“BTC”) demurs to the 7th cause of action for strict products liability. 2. BTC moves to strike from the operative pleading the 8th and 9th causes of action for misrepresentation, or at least the punitive damage prayer attendant to the latter. 3. Defendant PJC & Associates (“PJC”) demurs to the 2nd (implied covenant) and 4th (nuisance) causes of action. Defendant Signum Architecture (“Signum”) joins in PJC’s demurrer.

  • Hearing

    Nov 14, 2018

LEVENT ANIK VS AVALON BAY COMMUNITIES INC ET AL

The motion for summary adjudication was granted as to the first cause of action for strict products liability, third cause of action for breach of express and implied warranties, and fourth cause of action for violation of the California Consumers Legal Remedies Act, and denied as to the second cause of action for negligence, fifth cause of action for breach of residential lease, and sixth cause of action for negligence per se.

  • Hearing

    Nov 02, 2018

HOFF V. MEDICAL DEPOT, INC.

“‘The elements of a strict products liability cause of action are [1] a defect in the manufacture or design of the product or a failure to warn, [2] causation, and [3] injury.’” (Nelson v. Superior Court (2006)144 Cal.App.4th 689, 695 (quoting County of Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal.App.4th 292, 318.)

  • Hearing

    Oct 31, 2018

EDWARD GONZALEZ ET AL VS SHOOSHANI DEVELOPERS LLC ET AL

products liability.

  • Hearing

    Oct 30, 2018

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

ANDREW SIMPSON ET AL VS GREAT EARTH COMPOUNDING PHARMACY ET

Defendants moves for summary judgment of the action or summary adjudication of the 1st c/a for negligence, 2nd c/a for strict products liability, 3rd c/a for breach of express warranty, 4th c/a for breach of implied warranty, 5th c/a for negligent misrepresentation and 6th c/a for fraud.

  • Hearing

    Oct 29, 2018

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