Case Number:
20LBCV00504
Hearing Date:
May 6, 2021
Dept:
S27
Background Facts
Plaintiff, Tokio Marine America Insurance Company filed this action against Defendant, Prestig, Inc. for carrier liability under the Carmack Amendment.
Plaintiff filed its original complaint on 11/19/20 and its operative First Amended Complaint on 1/19/21.
Plaintiff alleges it insured Panasonic Corporation.
Defendant received a shipment of 1024 cartons of lithium ion batteries from Panasonic in Carson and was charged with taking the shipment to Kansas City.
However, the rig carrying the batteries was involved in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries.
Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods.
Special Motion to Strike
Parties’ Positions
Defendant contends this action is a strategic lawsuit against public policy, and moves to strike the law
Hearing Date
May 06, 2021
Type
Negligent Breach of Contract/Warranty (no fraud) (General Jurisdiction)
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Case Number:
20LBCV00504
Hearing Date:
May 6, 2021
Dept:
S27
Background Facts
Plaintiff, Tokio Marine America Insurance Company filed this action against Defendant, Prestig, Inc. for carrier liability under the Carmack Amendment.
Plaintiff filed its original complaint on 11/19/20 and its operative First Amended Complaint on 1/19/21.
Plaintiff alleges it insured Panasonic Corporation.
Defendant received a shipment of 1024 cartons of lithium ion batteries from Panasonic in Carson and was charged with taking the shipment to Kansas City.
However, the rig carrying the batteries was involved in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries.
Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods.
Special Motion to Strike
Parties’ Positions
Defendant contends this action is a strategic lawsuit against public policy, and moves to strike the law