Motion denied. Triable issues of fact exists.
This Complaint for: 1) Strict Products Liability; 2) Negligence; 3) Breach of Express/Implied Warranty; 4) Violation of Business and Professions Code section 17200; 5) Breach of Contract; or 6) Unjust Enrichment arises out of the loss of eight Model WT-100 wind turbines when they failed and were destroyed at the Wintec Palm Wind Park (Palm Park) in Palm Springs, California. Wintec Energy Limited is the owner of the real property where Palm Park operated. Palm Park Central, LLC (PPC) was the operator of Palm Park. Both Wintec and PPC were insured through Plaintiff Great American Insurance Company of New York for the Incident. Pursuant to its policy, Plaintiff paid $1,352,439.00 for damages from the Incident. Through this action, Plaintiff seeks to recover this money.
Defendant Vinco, Inc.’s motion is based upon the grounds that there is no triable issue of fact as to any cause of action and that Plaintiff is barred from recovery of pure ec
Hearing Date
October 15, 2020
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Motion denied. Triable issues of fact exists.
This Complaint for: 1) Strict Products Liability; 2) Negligence; 3) Breach of Express/Implied Warranty; 4) Violation of Business and Professions Code section 17200; 5) Breach of Contract; or 6) Unjust Enrichment arises out of the loss of eight Model WT-100 wind turbines when they failed and were destroyed at the Wintec Palm Wind Park (Palm Park) in Palm Springs, California. Wintec Energy Limited is the owner of the real property where Palm Park operated. Palm Park Central, LLC (PPC) was the operator of Palm Park. Both Wintec and PPC were insured through Plaintiff Great American Insurance Company of New York for the Incident. Pursuant to its policy, Plaintiff paid $1,352,439.00 for damages from the Incident. Through this action, Plaintiff seeks to recover this money.
Defendant Vinco, Inc.’s motion is based upon the grounds that there is no triable issue of fact as to any cause of action and that Plaintiff is barred from recovery of pure ec