Demurrer without a Motion to Strike
Having considered the demurring, moving, opposing, and reply papers, the Court rules as follows.
BACKGROUND
On March 5, 2019, Plaintiffs Natalie Rubio and Jimmie Rubio, both by and through their guardian ad litem, Nora Guzman, and Nora Guzman (“Plaintiffs”) filed a complaint against Defendants Genie Industries, Inc., Terex Corporation, Calabasas Country Club, Knight-Calabasas dba Calabasas Country Club, and Sunbelt Rentals (“Defendants”). The complaint alleges strict products liability, negligence, failure to recall/retrofit, and premises liability for the fatal falling of decedent Jamie Rubio from a Genie S-85 at Calabasas Country Club on August 31, 2017.
On May 15, 2019, Defendant Knight-Calabasas, LLC dba Calabasas Country Club filed a cross-complaint against Roes 1 through 100 seeking indemnity, contribution, and an apportionment of fault.
On May 23, 2019 and May 24, 2019, Plaintiffs amended their complaint to name Knight-Calabasas, LLC dba
Hearing Date
June 28, 2019
Type
Personal Injury/Property Damage/Wrongful Death - Uninsured Motorist (General Jurisdiction)
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Demurrer without a Motion to Strike
Having considered the demurring, moving, opposing, and reply papers, the Court rules as follows.
BACKGROUND
On March 5, 2019, Plaintiffs Natalie Rubio and Jimmie Rubio, both by and through their guardian ad litem, Nora Guzman, and Nora Guzman (“Plaintiffs”) filed a complaint against Defendants Genie Industries, Inc., Terex Corporation, Calabasas Country Club, Knight-Calabasas dba Calabasas Country Club, and Sunbelt Rentals (“Defendants”). The complaint alleges strict products liability, negligence, failure to recall/retrofit, and premises liability for the fatal falling of decedent Jamie Rubio from a Genie S-85 at Calabasas Country Club on August 31, 2017.
On May 15, 2019, Defendant Knight-Calabasas, LLC dba Calabasas Country Club filed a cross-complaint against Roes 1 through 100 seeking indemnity, contribution, and an apportionment of fault.
On May 23, 2019 and May 24, 2019, Plaintiffs amended their complaint to name Knight-Calabasas, LLC dba