Judge: Daniel M. Crowley, Case: 23STCV01612, Date: 2023-11-15 Tentative Ruling

Case Number: 23STCV01612    Hearing Date: April 3, 2024    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendant Caesarstone USA, Inc.’s demurrer to Plaintiff Adan Gomez-Rivera’s first amended complaint is overruled as moot.

Defendant Caesarstone USA, Inc.’s motion to strike is denied as moot.

Defendant Caesarstone USA, Inc. (“Caesarstone USA”) (“Defendant”) demurs to Plaintiff Adan Gomez-Rivera’s (“Gomez-Rivera”) (“Plaintiff”) first amended complaint (“FAC”).  (Notice of Demurrer Caesarstone USA, pgs. 1-2; C.C.P. §§430.10(e), (f).)  Caesarstone also moves to strike portions of the FAC.  (Notice of MTS Caesarstone USA, pgs. 2-6; C.C.P. §436.)

Background

Plaintiff filed his initial Complaint on January 25, 2023.  On March 2, 2023, Plaintiff filed his FAC.  On November 15, 2023, this Court sustained demurrers to Plaintiff’s FAC with 20 days leave to amend.  (11/15/23 Minute Order.)   On December 5, 2023, Plaintiff filed his operative SAC against Caesarstone USA, and numerous other Non-moving Defendants (collectively, “Defendants”) alleging five causes of action: (1) negligence; (2) strict liability- warning defect; (3) strict liability- design defect; (4) fraudulent concealment; and (5) breach of implied warranties.

This action arises out of Plaintiff’s employment from about 2004 to 2022 in Los Angeles in which he cut, fabricated, and installed granite, marble, and other natural and artificial stone countertops, mostly in homes.  (SAC ¶81.)  Plaintiff alleges through the course of his work, he worked with inherently hazardous products manufactured, distributed by Defendants and Plaintiff was thereby exposed to and inhaled toxicologically significant amounts of silica, metals, and other fibrogenic substances from said products, and developed silicosis and other related consequential injuries, and for which Plaintiff needs to receive a lung transplant to save his life.  (SAC ¶92.) 

On October 20, 2023, Caesarstone USA filed its demurrer to the FAC and motion to strike.  On March 20, 2024, Plaintiff filed his oppositions to Caesarstone USA’s demurrer and motion to strike.  As of the date of this hearing no replies have been filed by Caesarstone USA.

A.   Caesarstone USA’s Demurrer to FAC and Motion to Strike FAC

In light of the fact that Plaintiff filed the operative SAC more than nine court days before the hearing on the instant motion, Caesarstone USA’s demurrer to Plaintiff’s FAC is overruled as moot, and its Motion to Strike Plaintiff’s FAC is denied as moot.

Conclusion

Caesarstone USA’s demurrer to Plaintiff’s FAC is overruled as moot.

Caesarstone USA’s motion to strike portions of Plaintiff’s FAC is denied as moot.

Moving Party to give notice.

Dated:  April _____, 2024