Re: John Tolman v. Home Depot U.S.A., Inc., et al. (BC590389)
MOTION TO BIFURCATE THE ISSUES OF LIABILITY AND DAMAGES
Moving Party: Defendant Home Depot U.S.A., Inc.
Respondent: Plaintiff John Tolman
POS: Moving OK; Opposing served and filed just 8 court days prior to the hearing contrary to CCP § 1005(b)
Plaintiff alleges that on 12/14/14 he sustained injuries when operating a General Wire Spring Company (“GWSC”) “Metro Rooter Power Drain Cleaner,” which he rented from Home Depot. The complaint was filed on 8/6/15. The First Amended Complaint was filed on 9/17/15. The Second Amended Complaint, filed on 1/11/16, asserts causes of action against Defendants Home Depot U.A.S., Inc., GWSC, Salvador C. and Does 1-10 for:
Product Liability—Strict Liability
Product Liability—Negligence
Product Liability—Warranty
Product Liability—Misrepresentation
On 4/18/17, this matter was transferred from Department 97 (personal injury hub) to this department. On 12/5/17, the court granted GWSC’s
Hearing Date
February 01, 2018
Type
Prdct Liablty (not asbes,tox,envir (General Jurisdiction)
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Re: John Tolman v. Home Depot U.S.A., Inc., et al. (BC590389)
MOTION TO BIFURCATE THE ISSUES OF LIABILITY AND DAMAGES
Moving Party: Defendant Home Depot U.S.A., Inc.
Respondent: Plaintiff John Tolman
POS: Moving OK; Opposing served and filed just 8 court days prior to the hearing contrary to CCP § 1005(b)
Plaintiff alleges that on 12/14/14 he sustained injuries when operating a General Wire Spring Company (“GWSC”) “Metro Rooter Power Drain Cleaner,” which he rented from Home Depot. The complaint was filed on 8/6/15. The First Amended Complaint was filed on 9/17/15. The Second Amended Complaint, filed on 1/11/16, asserts causes of action against Defendants Home Depot U.A.S., Inc., GWSC, Salvador C. and Does 1-10 for:
Product Liability—Strict Liability
Product Liability—Negligence
Product Liability—Warranty
Product Liability—Misrepresentation
On 4/18/17, this matter was transferred from Department 97 (personal injury hub) to this department. On 12/5/17, the court granted GWSC’s