YVONNE KOR VS MCDONALD'S 16007, ET AL.

Case No.: 19STCV19179    

Demurrer with Motion to Strike

Having considered the demurring, moving, and opposing papers, the Court rules as follows. No reply papers were filed.

BACKGROUND

On May 31, 2019, Plaintiff Yvonne Kor (“Plaintiff”) filed a complaint against Defendants McDonald’s 16007, Kew Enterprises, Inc., and L. & B. Foods, Inc. alleging strict products liability-failure to warn, strict products liability-negligence, breach of express warranty, breach of implied warranty, fraud, and negligence for a defective coffee cup that led to hot coffee spilling on Plaintiff resulting in second-degree burns on June 2, 2017.

On September 20, 2019, Defendant Kew Enterprises, Inc. filed a demurrer to portions of the complaint pursuant to California Code of Civil Procedure section 430.10 and motion to strike to portions of the complaint pursuant to California Code of Civil Procedure section 435.

Trial is set for November 30, 2020.