What is strict products liability?

Useful Rulings on Strict Products Liability

Recent Rulings on Strict Products Liability

GRACE ALBA, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, SYLVIA ALBA VS SPARKLETTS, INC., A CORPORATION, ET AL.

(erroneously sued as Crystal Mountain) (“Crystal Mountain”) and Does 1-50 for: Negligence Negligence—Products Liability Strict Products Liability On June 19, 2019, DS Services and Costco filed a cross-complaint, asserting causes of action against Cross-Defendants Crystal Mountain International Limited and Roes 1-10 for: Implied Indemnity Contribution Express Indemnity Breach of Contract Declaratory Relief On October 3, 2019, this action was transferred from the personal injury hub (Department 5) to

  • Hearing

    Jan 27, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

ROCHEL DISI VS TAD TANOURA M D ET AL

On September 20, 2018, plaintiff filed a FAC for (1) medical malpractice, (2) medical battery, (3) medical malpractice – lack of informed consent, (4) strict products liability - manufacturing defect, (5) negligent design, (6) negligence, (7) strict products liability – failure to warn, (8) negligent products liability – failure to warn, and (9) misrepresentation.

  • Hearing

    Jan 21, 2020

  • County

    Los Angeles County, CA

SUZANA AREZINA VS WATSON CONSTRUCTION COMPANY INC ET AL

Strict Products Liability “In a products liability action, every supplier in the stream of commerce or chain of distribution, from manufacturer to retailer, is potentially liable. (Edwards v. A.L. Lease & Co. (1996) 46 Cal.App.4th 1029, 1033.) “The elements of a strict products liability cause of action are a defect in the manufacture or design of the product or a failure to warn, causation, and injury.” (County of Santa Clara v Atlantic Richfield Co. (2006) 137 Cal.App.4th 292, 318.)

  • Hearing

    Jan 14, 2020

ELIAS SHOKRIAN VS O GARA COACH COMPANY, LLC

Third Cause of Action: Strict Products Liability Defendants argue that “the third cause of action for strict products liability is only applicable in personal injury actions[;] plaintiff has not alleged that he suffered any personal injuries[; and i]t is also barred by the two-year statute of limitations.” (Demurrer MPA, p. 1:22-24.)

  • Hearing

    Jan 14, 2020

RAMIN GEVARGIZ VS KIDDE RESIDENTIAL & COMMERCIAL ET AL

The complaint alleges negligence, premises liability, strict products liability, breach of express warranty, and breach of implied warranty arising from a residential fire that occurred on July 27, 2017. On October 25, 2018, Plaintiff filed an amendment to his complaint renaming Defendant Kidde Residential & Commercial as Defendant Walter Kidde Portable Equipment Inc.

  • Hearing

    Jan 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

  • County

    Los Angeles County, CA

ANDERSON, ETC. V. CYBERTECH CONSTRUCTION COMPANY, INC.

Plaintiffs adequately plead facts to state a cause of action for strict products liability against Defendant. Plaintiffs allege Defendant was “in the business of developing or constructing homes for sale” and developed, constructed, and supplied manufactured products materials or components to be included in the Property and participated in place such products, materials or components into the stream of commerce. Complaint, at ¶¶ 38, 39.

  • Hearing

    Jan 09, 2020

EDUARDO SALAZAR ET AL VS TOYOTA MOTOR NORTH AMERICA INC ET A

The complaint alleges negligence, breach of express warranty, breach of implied warranty, and strict products liability for the failing of Plaintiffs’ brakes in Defendants’ leased vehicle on July 6, 2017. On July 26, 2018, the Court entered default against Toyota of Downtown L.A. On October 31, 2019, Defendants filed a motion for terminating sanctions against Plaintiff pursuant to California Code of Civil Procedure section 2023.030.

  • Hearing

    Jan 07, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

  • County

    Los Angeles County, CA

SUSAN ABUSAMRA-PIXLER ET AL VS U-HAUL INTERNATIONAL INC ET A

The Complaint asserts causes of action for: Strict Products Liability; Negligence; Breach of Contract; Breach of the Implied Covenant of Good Faith and Fair Dealing; Declaratory Relief; Negligent Infliction of Emotional Distress; Violation of California Unfair Competition Law; and Quasi-Contract/Unjust Enrichment. On March 6, 2017, the Court granted Defendant U-Haul International, Inc.’s (hereinafter “Defendant”) motion to compel arbitration and stay action pending the completion of arbitration.

  • Hearing

    Jan 06, 2020

GRACE ALBA, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, SYLVIA ALBA VS SPARKLETTS, INC., A CORPORATION, ET AL.

(erroneously sued as Crystal Mountain) (“Crystal Mountain”) and Does 1-50 for: Negligence Negligence—Products Liability Strict Products Liability On June 19, 2019, DS Services and Costco filed a cross-complaint, asserting causes of action against Cross-Defendants Crystal Mountain International Limited and Roes 1-10 for: Implied Indemnity Contribution Express Indemnity Breach of Contract Declaratory Relief On October 3, 2019, this action was transferred from the personal injury hub (Department 5) to

  • Hearing

    Jan 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

ENRIQUE MIJARES VS. CINCINNATI INCORPORATED

Plaintiff's Judicial Council Form Complaint in this action contains a single cause of action for "Products Liability," which cause of action appears to contain three "Counts" against Cincinnati: Count One for strict (products) liability, Count Two for negligence, and Count Three for Breach of Warranty. (See Complaint, p. 5, ¶¶Prod. L-4 to Prod. L-6.)

  • Hearing

    Dec 23, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

PARAQUAT CASES

The Plaintiffs have sued Defendants for (1) strict products liability, (2) negligence, (3) nuisance, (4) California Consumers Legal Remedies Act and (5) breach of the implied warranty of merchantability. In addition to the main Plaintiffs, some Plaintiffs have brought loss of consortium claims. Defendants demur to each claim for the failure to state a cause of action.

  • Hearing

    Dec 19, 2019

JAIMIE VALENZUELA, ET AL. VS MARTIN ANDALUZ ABARCA, ET AL.

“The elements of a strict products liability cause of action are a defect in the manufacture or design of the product or a failure to warn, causation, and injury.” (County of Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal.App.4th 292, 318.) Here, Plaintiffs allege throughout the FAC that the decedent was driving a 2011 Honda Accord.

  • Hearing

    Dec 16, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

JEFFREY HOLMES VS JOHN DOE 1, ET AL.

., John Doe 1 (waiter), John Doe 2 (cook), and Does 1-50, asserting causes of action for negligence, vicarious liability, negligent hiring, supervision, and retention, battery, intentional infliction of emotional distress, breach of implied warranty of merchantability, and strict products liability. Trial is set for March 3, 2021. PARTY’S REQUEST Defendant Applebee’s Services, Inc.

  • Hearing

    Dec 13, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GRACE ALBA, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, SYLVIA ALBA VS SPARKLETTS, INC., A CORPORATION, ET AL.

(erroneously sued as Crystal Mountain) (“Crystal Mountain”) and Does 1-50 for: Negligence Negligence—Products Liability Strict Products Liability On June 19, 2019, DS Services and Costco filed a cross-complaint, asserting causes of action against Cross-Defendants Crystal Mountain International Limited and Roes 1-10 for: Implied Indemnity Contribution Express Indemnity Breach of Contract Declaratory Relief On October 3, 2019, this action was transferred from the personal injury hub (Department 5) to

  • Hearing

    Dec 12, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

BERMAN-CHEUNG, ET AL. V. COOK GROUP, INC., ET AL.

(FAC, ¶¶ 18, 30-31.) 2 The FAC sets forth the following causes of action: (1) Strict Products Liability – Inadequate 3 Warning; (2) Strict Products Liability – Manufacturing Defect; (3) Negligence; (4) Negligent 4 Misrepresentation; (5) Fraudulent Misrepresentation; (6) Fraudulent Concealment; (7) Breach of 5 Express Warranty; (8) Medical Malpractice; (9) Survival Action; and (10) Wrongful Death. 6 This case is related to multi-district litigation in the Southern District of Indiana – In re 7 Cook Medical, Inc

  • Hearing

    Dec 07, 2019

CHRISTIAN GRIFFIN VS BLACK MOUNTAIN RANCH LLC [E-FILE]

On the merits, a review of the court file shows that the operative First Amended Complaint alleges two causes of action – Strict Products Liability and Negligence – against moving Defendant Black Mountain Ranch, LLC (BMR LLC).

  • Hearing

    Dec 05, 2019

  • Type

    Complex

  • Sub Type

    Writ

CHRISTIAN GRIFFIN VS BLACK MOUNTAIN RANCH LLC [E-FILE]

On the merits, a review of the court file shows that the operative First Amended Complaint alleges two causes of action – Strict Products Liability and Negligence – against moving Defendant Black Mountain Ranch, LLC (BMR LLC).

  • Hearing

    Dec 05, 2019

  • Type

    Complex

  • Sub Type

    Writ

KAIMULOA VS. INSOMNIAC HOLDINGS LLC

The complaint asserts nine counts including, breach of implied contract, negligence, strict products liability, premises liability, intentional misrepresentation, negligent misrepresentation, and nuisance. Service of the summons and complaint was not seasonably made. Instead, plaintiff appeared ex parte on November 20, 2018, seeking an immediate transfer of the case to Los Angeles. ROA 14-16. [It bears repeating that plaintiff initially chose to file the case in San Diego.] Defendants filed opposition.

  • Hearing

    Dec 03, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KAIMULOA VS. INSOMNIAC HOLDINGS LLC

The complaint asserts nine counts including, breach of implied contract, negligence, strict products liability, premises liability, intentional misrepresentation, negligent misrepresentation, and nuisance. Service of the summons and complaint was not seasonably made. Instead, plaintiff appeared ex parte on November 20, 2018, seeking an immediate transfer of the case to Los Angeles. ROA 14-16. [It bears repeating that plaintiff initially chose to file the case in San Diego.] Defendants filed opposition.

  • Hearing

    Dec 03, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KAIMULOA VS. INSOMNIAC HOLDINGS LLC

The complaint asserts nine counts including, breach of implied contract, negligence, strict products liability, premises liability, intentional misrepresentation, negligent misrepresentation, and nuisance. Service of the summons and complaint was not seasonably made. Instead, plaintiff appeared ex parte on November 20, 2018, seeking an immediate transfer of the case to Los Angeles. ROA 14-16. [It bears repeating that plaintiff initially chose to file the case in San Diego.] Defendants filed opposition.

  • Hearing

    Dec 03, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

HUGO MEDINA ET AL VS LIQUID ASPHALT SYSTEMS INC ET AL

Jones alleging negligence and strict products liability for an asphalt heater explosion on May 2, 2016. On September 20, 2019, Morey & Upton, LLP, counsel for Plaintiff Jesus Torres, filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2). On October 29, 2019, the Court continued the hearing on Morey & Upton, LLP’s motion to December 2, 2019 due to deficiencies in the moving papers. Trial is set for May 20, 2020.

  • Hearing

    Dec 02, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MARK WEBB VS PREFERRED HOTEL GROUP INC ET AL

The complaint alleges negligence, breach of express warranty, breach of implied warranty, and strict products liability for the failing of Plaintiffs’ brakes in Defendants’ leased vehicle on July 6, 2017. On July 26, 2018, the Court entered default against Toyota of Downtown L.A. On October 31, 2019, Defendants filed a motion for terminating sanctions against Plaintiff pursuant to California Code of Civil Procedure section 2023.030. Trial is set for February 21, 2020.

  • Hearing

    Nov 25, 2019

EDUARDO SALAZAR ET AL VS TOYOTA MOTOR NORTH AMERICA INC ET A

The complaint alleges negligence, breach of express warranty, breach of implied warranty, and strict products liability for the failing of Plaintiffs’ brakes in Defendants’ leased vehicle on July 6, 2017. On July 26, 2018, the Court entered default against Toyota of Downtown L.A. On October 31, 2019, Defendants filed a motion for terminating sanctions against Plaintiff pursuant to California Code of Civil Procedure section 2023.030. Trial is set for February 21, 2020.

  • Hearing

    Nov 25, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

RICKY SALES VS NEUTON HOLDINGS, INC., ET AL.

(“Lime”) for negligence and strict products liability. Plaintiff alleges that on December 3, 2018, he used the Lime Application (“Lime App”) to rent a scooter. The scooter’s brakes either failed or malfunctioned, causing Plaintiff too fall from the scooter. Lime moves to compel arbitration. No party opposed the motion.

  • Hearing

    Nov 20, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

ANA SILVIA ALVARADO ET AL VS CONTINENTAL TIRE THE AMERICAS L

., Ford Motor Company, and Yadira Trochez alleging strict products liability and negligence arising from an automobile collision that occurred on August 20, 2015. On March 12, 2018, Plaintiff Ana Silvia Alvarado filed a first amended complaint. On January 18, 2019, Plaintiff Ana Silvia Alvarado amended her complaint to rename Doe 21 as Defendant Fairmount Tire & Rubber, Inc.

  • Hearing

    Nov 19, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

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