Hearing: MARQUEZ et al -v- GENIE INDUSTRIES, INC. et al Print

• 
• 
• 
• 

						
                                
Preview
                                1   Arash Khorsandi    Esq SBN 249405                          COUNS
                                                                               kiu
    2
        Brian G Beecher
        David J
                          Esq SBN 239486                           SAN   g
                                                                             NARp    re
                                                                                          rR
                  Ebenhack Esq SBN 282526
        THE LAW OFFICES OF                                               SEP
    3                                                                                2a2Q
        ARASH KHORSANDI PC
    4   2960 Wilshire Blvd      Third Floor                    r

        Los Angeles CA 90010
    5   Telephone     310   277 7529
        Facsimile     310   388 8442
    6

        Attorneys For Plaintiffs
        R AFAEL CARVAJAL MARQUEZ

    g   ADRIANA QUINTERO MADRIGAL


    9


10                          SUPERIOR COURT OF THE STATE OF CALIFORNIA

                    COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT
11


12
         RAFAEL CARVAJAL MARQUEZ                               Case No       CIVDS2010310

1        ADRIANA QUINTERO MADRIGAL
                                                              PLAINTIFFS RAFAEL
                                                               CARVAJAL MARQUEZ AND
14                     Plaintiffs
                                                               ADRIANA QUINTERO
                                                               MADRIGAL S OPPOSITION TO
15
                       v                                       DEFENDANT GREGG
                                                               ELECTRIC INC S MOTION TO
16
        GENIE INDUSTRIES INC           TEREX                   STRIKE PORTIONS OF

        CORPORATION DUKE REALTY                                PLAINTIFFS            COMPLAINT
1
        CORPORATION GREGG ELECTRIC INC                I E
1g      GENERAL ENGINEERING INC               and DOES 1
                                                            Date             September 24 2020
        through 100 inclusive                               Time             9 00 a m
19
                                                            Dept             5 23
                       Defendants
20
                                                            Trial Date               None Set
                                                            Case Filed               06 1ll2020
21

22


23


24


25


26


27


28




                     OPPOSITION TO MOTION TO STRIKE PORTIOIYS OF THE COMPLAINT
 1                            MEMORANDUM OF POINTS AND AUTHORITIES

 2            Plaintiffs RAFAEL CARVAJAL MARQUEZ                            Plaintiff   and ADRIANA QUINTERO

 3   MADRIGAL collectively Plaintiffs                    submit the following memorandum of points and

 4   authorities in Opposition to the Motion to Strike portions of Plaintiffs Complaint filed by
 5   Defendant GREGG ELECTRIC INC                             Defendant or Gregg

 6                                                I           INTRODUCTION


 7             Defendant s Motion attacks only Plaintiff s claim for punitive damages Defendant

 8   argues that The Complaint does not meet the pleading requirements for a claim of punitive
 9   damages          Motion p 1 8 9 The Complaint includes significant allegations that Defendant

1U   knew it was recklessly and or intentionally allowing Plaintiff RAFAEL CARVAJAL
11   MARQUEZ to use a defective and dangerous product and in order to save the cost of a

12   recall   retrofit     Defendant is wrong to ask this Court to disregard these pled facts The

T3   allegations in the Complaint demonstrate that Defendant engaged in well concerted effort to

14   intentionally conceal known product defects thereby causing catastrophic injuries to Plaintiff
15   RAFAEL CARVAJAL MARQUEZ motivated by financial gain
ld                                                 II         BACKGROUND


17             This is a products liability action and the dangerous product at issue involves a GS 3384

18   scissor   lift   manufactured   by   Genie Terex          hereinafter the   Genie Lift   A scissor lift is a

19   machine made to move personnel and equipment in a vertical direction The lifts are designed to


20   handle any application that would narmally require a ladder tower or scaffolding
21             Lon       before 2Q18 Defendant received numerous complaints about the dangerous natures

22   of the Genie Lift including but not limited to the likelihood that the Genie Lift can be used

23   and or misused without all its safety measures engaged Indeed Plaintiff alleges with

24   specificity Defendant s awareness of eight 8 separate instances involving catastrophically

25   injured and or killed persons involving Genie Li s in which the claimed injuries occurred as a
26   result of design      defects   and the   failure   to   warn thereo    that allowed the lift to be used and or

27   misused without all of      its safety    measures engaged          exacfiiy what the Gomplaint alteges
28   k appened to Plaintiff in this lawsuit See Complaint 16 a h                    Nevertheless Defendants failed to



                         OPPOSITION TO MOTION TO STRIKE PORTIONS OF THE COMPLAINT