INTRODUCTION
Defendants 7 Star Logistics, Inc. and Miguel Rodriguez move to strike Paragraphs 48 and 56 of Plaintiffs’ First Amended Complaint and the associated prayers for punitive damages.
ALLEGATIONS
This action for wrongful death contains two causes of action:
1. Negligence
2. Premises Liability
Stripped of the significant amount of boilerplate, the First Amended Complaint alleges Defendant 7 Star Logistics, along with other Defendants who are not moving parties, owned and controlled the premises at 2351 W. 16th St., Los Angeles. Plaintiffs allege the premises “was a very serious and obvious safety hazard” because “the containers” assigned to Plaintiffs’ decedent (Oscar Miranda) and other truck drivers to “ferry” were old and outdated and had holes in them. They lacked forklift “pockets.” When loaded upon a truck chassis they “did not sit properly” and would often collapse after loading. The containers were “rusty, leaking, wobbly and unstable.” There is a legal conclusion t
Hearing Date
January 16, 2020
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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INTRODUCTION
Defendants 7 Star Logistics, Inc. and Miguel Rodriguez move to strike Paragraphs 48 and 56 of Plaintiffs’ First Amended Complaint and the associated prayers for punitive damages.
ALLEGATIONS
This action for wrongful death contains two causes of action:
1. Negligence
2. Premises Liability
Stripped of the significant amount of boilerplate, the First Amended Complaint alleges Defendant 7 Star Logistics, along with other Defendants who are not moving parties, owned and controlled the premises at 2351 W. 16th St., Los Angeles. Plaintiffs allege the premises “was a very serious and obvious safety hazard” because “the containers” assigned to Plaintiffs’ decedent (Oscar Miranda) and other truck drivers to “ferry” were old and outdated and had holes in them. They lacked forklift “pockets.” When loaded upon a truck chassis they “did not sit properly” and would often collapse after loading. The containers were “rusty, leaking, wobbly and unstable.” There is a legal conclusion t