Case Number:
BC721959
Hearing Date:
March 11, 2021
Dept:
28
Motion for Summary Judgment
or
, A
lternative
ly
, Summary Adjudication
Having
considered the
movi
ng
,
opposing
,
and reply papers
the Court rules as follows.
The Court does not consider the improperly filed
surreply
.
BACKGROUND
On September 14, 2018, Plaintiffs Stacy Hill (“Plaintiff Hill”) and Norman Moore (“Plaintiff Moore”) (collectively “Plaintiffs”) filed a complaint against Defendants Chili’s Bar and Grill, Brinker International, Inc., and Maggiano’s Inc. dba Maggiano’s Little Italy. Plaintiffs allege strict products liability, breach of warranty, negligence, and negligence per se arising from an incident where Plaintiff Moore became ill after eating the defendants’ food on September 17, 2016.
On December 23, 2020, Defendant Brinker Restaurant Corporation filed a motion for summary
judgment
or
,
alternative
ly
, summary adjudication pursuant to California Code of
Hearing Date
March 11, 2021
Type
Other Personal Injury/Property Damage/Wrongful Death (General Jurisdiction)
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Case Number:
BC721959
Hearing Date:
March 11, 2021
Dept:
28
Motion for Summary Judgment
or
, A
lternative
ly
, Summary Adjudication
Having
considered the
movi
ng
,
opposing
,
and reply papers
the Court rules as follows.
The Court does not consider the improperly filed
surreply
.
BACKGROUND
On September 14, 2018, Plaintiffs Stacy Hill (“Plaintiff Hill”) and Norman Moore (“Plaintiff Moore”) (collectively “Plaintiffs”) filed a complaint against Defendants Chili’s Bar and Grill, Brinker International, Inc., and Maggiano’s Inc. dba Maggiano’s Little Italy. Plaintiffs allege strict products liability, breach of warranty, negligence, and negligence per se arising from an incident where Plaintiff Moore became ill after eating the defendants’ food on September 17, 2016.
On December 23, 2020, Defendant Brinker Restaurant Corporation filed a motion for summary
judgment
or
,
alternative
ly
, summary adjudication pursuant to California Code of