Defendants’ Motion to Bifurcate Issues of Liability, filed on 9/1/16, is DENIED. Defendants have not established that bifurcating the action will promote the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation. Cal Code Civ Procedure §598.
The Court previously denied adjudication of the 2nd cause of action for strict products liability as Defendants did not establish at the time of their Motion for Summary Judgment/ Adjudication that they were not involved in the making or marketing of the zip-line.
Strict liability in tort extends to all those engaged in the chain of distribution, including those involved in the “marketing enterprise.” San Diego Hospital Assn. v. Superior Court, 30 Cal. App. 4th 8, 13 (Cal. App. 4th Dist.1994). Defendants are liable if they placed the product in the hands of the consumer. Garcia v. Joseph Vince Co. (1978) 84 Cal. App. 3d 868, 874. Strict products liability extends to anyone involved in an “integr
Hearing Date
September 27, 2016
Type
Prdct Liablty (not asbes,tox,envir (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Defendants’ Motion to Bifurcate Issues of Liability, filed on 9/1/16, is DENIED. Defendants have not established that bifurcating the action will promote the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation. Cal Code Civ Procedure §598.
The Court previously denied adjudication of the 2nd cause of action for strict products liability as Defendants did not establish at the time of their Motion for Summary Judgment/ Adjudication that they were not involved in the making or marketing of the zip-line.
Strict liability in tort extends to all those engaged in the chain of distribution, including those involved in the “marketing enterprise.” San Diego Hospital Assn. v. Superior Court, 30 Cal. App. 4th 8, 13 (Cal. App. 4th Dist.1994). Defendants are liable if they placed the product in the hands of the consumer. Garcia v. Joseph Vince Co. (1978) 84 Cal. App. 3d 868, 874. Strict products liability extends to anyone involved in an “integr