Case Name: Silvestri, et al. v. Bekins Van Lines, Inc., et al.
Case No.: 19SMCV01475
Complaint Filed: 8-19-19
Hearing Date: 10-15-20
Discovery C/O: None
Calendar No.: 4
Discover Motion C/O: None
POS: OK
Trial Date: None
SUBJECT: DEMURRER TO COMPLAINT
MOVING PARTY: Defendants Bekins Van Lines, Inc. and Bekins Moving Solutions, Inc.
RESP. PARTY: Plaintiffs Sebastien and Tamany Silvestri
TENTATIVE RULING
Defendants’ Demurrer is OVERRULED. Defendants to answer in 10 days.
“Whether a statement qualifies as an affirmation of fact or promise relating to the goods, such that an express warranty is created, or merely the seller’s opinion or commendation of goods is a question of fact for the trier of fact unless reasonable minds can only come to one conclusion.” See generally Putensen v. Clay Adams, Inc. (1970) 12 Cal.App.3d 1062, 1079-1080 (breach of express warranty). “Whether a statement is nonactionable opinion or actionable misrepresentation of fact is a question of fact for
Hearing Date
October 15, 2020
Type
Other Commercial/Business Tort (not fraud/ breach of contract) (General Jurisdiction)
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Case Name: Silvestri, et al. v. Bekins Van Lines, Inc., et al.
Case No.: 19SMCV01475
Complaint Filed: 8-19-19
Hearing Date: 10-15-20
Discovery C/O: None
Calendar No.: 4
Discover Motion C/O: None
POS: OK
Trial Date: None
SUBJECT: DEMURRER TO COMPLAINT
MOVING PARTY: Defendants Bekins Van Lines, Inc. and Bekins Moving Solutions, Inc.
RESP. PARTY: Plaintiffs Sebastien and Tamany Silvestri
TENTATIVE RULING
Defendants’ Demurrer is OVERRULED. Defendants to answer in 10 days.
“Whether a statement qualifies as an affirmation of fact or promise relating to the goods, such that an express warranty is created, or merely the seller’s opinion or commendation of goods is a question of fact for the trier of fact unless reasonable minds can only come to one conclusion.” See generally Putensen v. Clay Adams, Inc. (1970) 12 Cal.App.3d 1062, 1079-1080 (breach of express warranty). “Whether a statement is nonactionable opinion or actionable misrepresentation of fact is a question of fact for