HEARING ON DEMURRER TO 1st Amended COMPLAINT

FILED BY SEARS, ROEBUCK AND CO.

* TENTATIVE RULING: *

Before the Court is a demurrer (the “Demurrer”) filed by Defendant Chamberlain Group, Inc. (“Defendant” or “Chamberlain”). The Demurrer relates to the First Amended Complaint (“FAC”) filed by Plaintiff Souheil B. Elkhoury (“Plaintiff” or “Elkhoury”). The FAC pleads causes of action for (1) product liability and (2) breach of express and implied warranty. For the following reasons, the Demurrer is sustained-in-part, with leave to amend, and overruled-in-part.

The Court also notes that Plaintiff alleges that “[u]pon verification of the product defects, Plaintiff will move to convert this action into a class action” and that counsel for Plaintiff alludes to “all similarly situated consumers” in his brief opposition. However, no class allegations are pled in the FAC and there is no pending motion for leave to amend to allege class allegations. Request for Judicial Notice

Chamberlain requ