NATURE OF PROCEEDINGS: MOTION — MOTION FOR JUDGMENT ON THE PLEADINGS [PLTF] HARDIMAN CONSTRUCTION/TRENCHLESS TITAN
RULING
Cross Defendants Hardiman Construction/Trenchless Titan, er a]. filed this motion for judgment on the pleadings with respect to the second cause of action in the cross-complaint alleging strict liability against all cross-defendants. The motion for judgment on the pleadings is granted.
Cross-Complainants fail to state facts sufficient to constitute a cause of action for strict liability.
Cross-Complainants point to certain allegations (eg destroyed fence posts and stairs, broken sewer line) to show that there was in fact property damage. The problem with their reliance on these allegations is that it does not appear that the defects in the improvements caused these damages, Therefore, while Cross-Defendants may have some liability for these damages, such a claim is not encompassed in the strict liability cause of action,
Cross-Complainants have not established th
Hearing Date
June 24, 2020
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NATURE OF PROCEEDINGS: MOTION — MOTION FOR JUDGMENT ON THE PLEADINGS [PLTF] HARDIMAN CONSTRUCTION/TRENCHLESS TITAN
RULING
Cross Defendants Hardiman Construction/Trenchless Titan, er a]. filed this motion for judgment on the pleadings with respect to the second cause of action in the cross-complaint alleging strict liability against all cross-defendants. The motion for judgment on the pleadings is granted.
Cross-Complainants fail to state facts sufficient to constitute a cause of action for strict liability.
Cross-Complainants point to certain allegations (eg destroyed fence posts and stairs, broken sewer line) to show that there was in fact property damage. The problem with their reliance on these allegations is that it does not appear that the defects in the improvements caused these damages, Therefore, while Cross-Defendants may have some liability for these damages, such a claim is not encompassed in the strict liability cause of action,
Cross-Complainants have not established th