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