Case Number:
22STCV22631
Hearing Date:
June 14, 2023
Dept:
R There are demurrers as well as motions to strike.
The demurrers are brought by the entity defendants, and they appear to be unopposed.
The court has read them, and they are SUSTAINED.
The motion to strike is brought by all.
It is GRANTED WITH LEAVE TO AMEND.
The court agrees that, at least in this context, negligent infliction of emotional distress is just a form of negligence. The case arises from an auto accident. To the extent that the defendant driver is liable, there will be negligence. Negligent Infliction of Emotional Distress adds nothing and cannot stand alone. It serves no purpose and is not properly pled in this context. Because there is no basis upon which it can be amended, leave to amend is denied. As to the strict liability cause of action, the court agrees that the Uber App is likely not a product that can give rise to a cause of action for strict products liability. But the c
Hearing Date
June 14, 2023
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Case Number:
22STCV22631
Hearing Date:
June 14, 2023
Dept:
R There are demurrers as well as motions to strike.
The demurrers are brought by the entity defendants, and they appear to be unopposed.
The court has read them, and they are SUSTAINED.
The motion to strike is brought by all.
It is GRANTED WITH LEAVE TO AMEND.
The court agrees that, at least in this context, negligent infliction of emotional distress is just a form of negligence. The case arises from an auto accident. To the extent that the defendant driver is liable, there will be negligence. Negligent Infliction of Emotional Distress adds nothing and cannot stand alone. It serves no purpose and is not properly pled in this context. Because there is no basis upon which it can be amended, leave to amend is denied. As to the strict liability cause of action, the court agrees that the Uber App is likely not a product that can give rise to a cause of action for strict products liability. But the c