Defendant Pieco, Inc.’s (“Pieco”) motion for judgment on the pleadings for Plaintiff Armstrong Oil, Inc.’s first cause of action for strict liability, is denied.
Pieco’s request for judicial notice of Exhibit A (copy of Permit issued by the Department of Conservation, Division of Oil, Gas, and Geothermal Resources) is granted. Defendant’s request for judicial notice of Exhibit B (printout of the amazon website) and Exhibit C (printout of a few pages from the Department of Conservation, Division of Oil, Gas, and Geothermal Resources’ website) is denied. (Evid. Code, § 452.)
Pieco's objection to the Declaration of John Grijalva, Esq. is sustained.
As a preliminary matter, this motion is untimely. (Code Civ. Proc., § 438.)
On the merits, Pieco has failed to establish that the conduct of reabandoning an oil well is not a dangerous condition as a matter of law. By its very nature, the issue of whether an activity is ultrahazardous cannot be decided on a motion for judgment on the pleading.
Hearing Date
September 28, 2018
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Defendant Pieco, Inc.’s (“Pieco”) motion for judgment on the pleadings for Plaintiff Armstrong Oil, Inc.’s first cause of action for strict liability, is denied.
Pieco’s request for judicial notice of Exhibit A (copy of Permit issued by the Department of Conservation, Division of Oil, Gas, and Geothermal Resources) is granted. Defendant’s request for judicial notice of Exhibit B (printout of the amazon website) and Exhibit C (printout of a few pages from the Department of Conservation, Division of Oil, Gas, and Geothermal Resources’ website) is denied. (Evid. Code, § 452.)
Pieco's objection to the Declaration of John Grijalva, Esq. is sustained.
As a preliminary matter, this motion is untimely. (Code Civ. Proc., § 438.)
On the merits, Pieco has failed to establish that the conduct of reabandoning an oil well is not a dangerous condition as a matter of law. By its very nature, the issue of whether an activity is ultrahazardous cannot be decided on a motion for judgment on the pleading.