CHASE HOLLOWAY ET AL VS MARUICHI AMERICAN CORPORATION

Case No.: BC681620    

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CHASE HOLLOWAY et al., Plaintiff(s), vs. MARUICHI AMERICAN CORPORATION et al., Defendant(s).

Case No.: BC681620

[TENTATIVE] ORDER SUSTAINING THE DEMURRER TO THE FIRST AMENDED COMPLAINT

Dept. 3

1:30 p.m.

May 23, 2018

The Demurrer to the First Amended Complaint is SUSTAINED with fifteen days’ leave to amend. The Motion to Strike is MOOT.

I. Background Facts

On October 31, 2017, plaintiffs Chase Holloway, a minor by and through his guardian ad litem Andrea Velekei, and Andrea Velekei as the administrator of the Estate of Chad Holloway, (jointly “Plaintiffs”) filed a complaint against defendants Maruichi American Corporation (“Maruichi”) and Does 1 to 100. On January 30, 2018, Plaintiffs filed a first amended complaint (“FAC”) alleging causes of action for negligence and wrongful death. The FAC includes a prayer for punitive damages.

The FAC in r........