Case Number:
20STCV44120
Hearing Date:
January 18, 2024
Dept:
15
[TENTATIVE] ORDER RE MOTION FOR SUMMARY ADJUDICATION


Plaintiffs filed a motion for summary adjudication of various affirmative defenses alleged by Defendant Squires-Belt Material Company.

The parties then stipulated to withdraw parts of the motion and some of the affirmative defenses, leaving only the ninth and twenty-ninth affirmative defenses subject to the motion.


A.

Ninth Affirmative Defense Alteration/Misuse of Products


The ninth affirmative defense alleges someone misused, abused, or altered the products at issue, that misuse, abuse, or alternation was not foreseeable to Defendant, and it caused the injury incurred by Plaintiffs.

As alleged, the affirmative defense is vague.

It is impossible to tell what Defendant is alleging from reading the answer.


This affirmative defense arises when the product was misused or modified a