Defendant/cross-complainant BJ's Rentals, Inc.'s motion for summary judgment is denied. Defendant/cross-complainant's motion for summary adjudication is denied. The Court rules on defendant/cross-complainant's evidentiary objections as follows: Objection #1: overruled

Objection #2: overruled

Objection #3: overruled

Objection #4: overruled

Objection #5: overruled

Objection #6: overruled

Objection #7: overruled

Objection #8: overruled

Objection #9: overruled

Objection #10: overruled

Objection #11: overruled

Objection #12: overruled

Objection #13: sustained

Plaintiff has asserted causes of action for negligence, strict liability and breach of implied warranty against the defendant/cross-complaint arising out of injuries plaintiff allegedly sustained while operating an "Easy-Rooter" rented from defendant/cross-complainant. The "Easy-Rooter" is used to clear drains and plaintiff was allegedly using it to clear a drain the back yard that had become clogged. Plaintiff alleges tha