CUELLAR v. VALMONT COMPOSITE STRUCTURES, INC.
CASE NO.: BC695600
HEARING: 09/13/18
JUDGE: LORI ANN FOURNIER
#1
TENTATIVE ORDER
Defendant VALMONT COMPOSITE STRUCTURES, INC. DBA W.J. WHATLEY, INC.’s demurrer to Plaintiff’s Complaint is SUSTAINED with 20 days leave to amend in part, and OVERRULED in part. CCP §430.10(e).
Moving Party to Give Notice.
This action was filed by Plaintiff MICHAEL CUELLAR on February 23, 2018 for (1) negligence, (2) strict liability – design and manufacturing defect, (3) strict liability – failure to warn, (4) breach of express warranty, and (5) breach of implied warranty.
Defendant demurs to the second, third, fourth, and fifth causes of action under CCP §430.10(e).
Second Cause of Action – Strict Liability – Design and Manufacturing Defect
The demurrer to the second cause of action is OVERRULED. Plaintiff has alleged that Defendant sold, supplied, distributed, manufactured, and/or installed the Lamppost. (Complaint, ¶ 9.)
Third Cause of Action – S
Hearing Date
September 13, 2018
Type
Prdct Liablty (not asbes,tox,envir (General Jurisdiction)
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CUELLAR v. VALMONT COMPOSITE STRUCTURES, INC.
CASE NO.: BC695600
HEARING: 09/13/18
JUDGE: LORI ANN FOURNIER
#1
TENTATIVE ORDER
Defendant VALMONT COMPOSITE STRUCTURES, INC. DBA W.J. WHATLEY, INC.’s demurrer to Plaintiff’s Complaint is SUSTAINED with 20 days leave to amend in part, and OVERRULED in part. CCP §430.10(e).
Moving Party to Give Notice.
This action was filed by Plaintiff MICHAEL CUELLAR on February 23, 2018 for (1) negligence, (2) strict liability – design and manufacturing defect, (3) strict liability – failure to warn, (4) breach of express warranty, and (5) breach of implied warranty.
Defendant demurs to the second, third, fourth, and fifth causes of action under CCP §430.10(e).
Second Cause of Action – Strict Liability – Design and Manufacturing Defect
The demurrer to the second cause of action is OVERRULED. Plaintiff has alleged that Defendant sold, supplied, distributed, manufactured, and/or installed the Lamppost. (Complaint, ¶ 9.)
Third Cause of Action – S