The motion for summary adjudication, filed by defendant A.O. Smith Corporation ("A.O. Smith"), is granted as to the 8th and 9th causes of action with respect to the 155 water heaters identified in Exhibit B to Rodney Syler's amended declaration. Summary adjudication is also granted as to the 5th and 10th causes of action with respect to water heaters not listed in Exhibit A to Megan Gil's declaration. Preliminary Matters
The Court notes that some of plaintiff's objections to Syler and Lyons' amended declarations contain incorrect citations. With that said, plaintiff's objection to a portion of paragraphs 10 of Syler's and Lyons' declarations ("nor was there any water damage to any of the apartment units...") is sustained for lack of foundation.
All other evidentiary objections are overruled.
Background
Plaintiff QF Circa 37, LLC owns an apartment complex. Plaintiff alleges it hired defendant Wermers Multi-Family Corp. to build the 306-unit complex, and Wermers subcontracted with de
Hearing Date
October 18, 2018
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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The motion for summary adjudication, filed by defendant A.O. Smith Corporation ("A.O. Smith"), is granted as to the 8th and 9th causes of action with respect to the 155 water heaters identified in Exhibit B to Rodney Syler's amended declaration. Summary adjudication is also granted as to the 5th and 10th causes of action with respect to water heaters not listed in Exhibit A to Megan Gil's declaration. Preliminary Matters
The Court notes that some of plaintiff's objections to Syler and Lyons' amended declarations contain incorrect citations. With that said, plaintiff's objection to a portion of paragraphs 10 of Syler's and Lyons' declarations ("nor was there any water damage to any of the apartment units...") is sustained for lack of foundation.
All other evidentiary objections are overruled.
Background
Plaintiff QF Circa 37, LLC owns an apartment complex. Plaintiff alleges it hired defendant Wermers Multi-Family Corp. to build the 306-unit complex, and Wermers subcontracted with de