SC Valley Engineering Inc vs Western Water Works Supply Company

Case No.: 37-2016-00034673-CU-BC-CTL    

Western Water Works Supply Company's Demurrer to Third and Fourth Causes of Action for "Strict Products Liability - Manufacturing Defect" in the First Amended Complaint by S.C. VALLEY ENGINEERING, INC. is OVERRULED.

Based on the allegations in the First Amended Complaint, S.C. Valley entered into a contract with the Olivenhain Municipal Water District, agreeing to "supply and install a system of pipes to provide potable and non-potable water to the Village Park Community in Encinitas, California." (FAC, ¶ 9.) S.C. Valley then entered into an oral subcontract with moving party Western Water Works Supply Company for the supply of pipes, restraints, and related materials. (FAC, 10-12)

The FAC alleges that some of the materials Western supplied were defective, resulting in damage to a curb, gutter and sidewalk, concrete, striping, compacted earth work, and fittings, among other damage. (FAC, 15) Specifically, the FAC alleges that the pipe was defective bec........