Nature of Proceedings: Demurrer to X-Complaint
Demurrer to Cross-Complaint
Ruling: The court sustains cross-defendant Francisco Perez’s demurrer to cross-
complainant Harvard Chemical Research, Inc.’s complaint without leave to amend.
Complaint: Plaintiffs Karen B. Loomis and George N. Koutoulas filed a complaint for negligence and res ipsa loquitur [Evid. Code § 646] against defendants Raymond Arias Construction (Arias) and Ruben’s Carpet & Janitorial (Ruben’s). Plaintiffs subsequently added Ruben Zarate and Francisco Perez as defendants. Plaintiffs allege as follows:
On August 4, 2008, the Villa Mesa Condominium Homeowners Association hired Arias to construct a new deck in plaintiff’s condominium unit. Arias laid an adhesive-backed runner over the carpet throughout plaintiff’s unit to protect the carpet during construction. When the runner was removed, it left an adhesive residue on the carpet. On August 26, 2008, Arias employed defendant Ruben’s to clean the carpet a
Hearing Date
January 25, 2011
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Nature of Proceedings: Demurrer to X-Complaint
Demurrer to Cross-Complaint
Ruling: The court sustains cross-defendant Francisco Perez’s demurrer to cross-
complainant Harvard Chemical Research, Inc.’s complaint without leave to amend.
Complaint: Plaintiffs Karen B. Loomis and George N. Koutoulas filed a complaint for negligence and res ipsa loquitur [Evid. Code § 646] against defendants Raymond Arias Construction (Arias) and Ruben’s Carpet & Janitorial (Ruben’s). Plaintiffs subsequently added Ruben Zarate and Francisco Perez as defendants. Plaintiffs allege as follows:
On August 4, 2008, the Villa Mesa Condominium Homeowners Association hired Arias to construct a new deck in plaintiff’s condominium unit. Arias laid an adhesive-backed runner over the carpet throughout plaintiff’s unit to protect the carpet during construction. When the runner was removed, it left an adhesive residue on the carpet. On August 26, 2008, Arias employed defendant Ruben’s to clean the carpet a