Nature of Proceedings: Motion for Judgment on the Pleadings, First Amended Complaint

Case: Estate of Estanislao Jose Ramos, et al, v. Mohamed Samir

Amer, et al.,

Case #1401551, Judge Sterne

Hearing Date: June 23, 2014

Matter: Motion for Judgment on the Pleadings

Tentative Ruling:

The court grants in part and denies in part defendant Melchiori Construction Company�s motion for judgment on the pleadings. The court grants the motion as to the second cause of action, count three (breach of warranty), without leave to amend. The court denies the motion as to the second cause of action, count one (strict liability).

Discussion:

On April 27, 2011, Estanislao Jose Ramos was killed when a custom made television lift system trapped and crushed him. The incident occurred at the home of Mohamed Samir Amer and Caroline Marguerite Amer located at 877 Sand Point Road in Carpinteria. The plaintiffs in this action are the Estate of Estanislao Jose Ramos, by and through his successor in intere