Judge: Elaine W. Mandel, Case: 23SMCV03499, Date: 2024-03-08 Tentative Ruling

Case Number: 23SMCV03499    Hearing Date: March 8, 2024    Dept: P

Tentative Ruling

Mario Gonzalez v. Cascade Mountain Technologies et al., Case No. 23SMCV03499

Hearing Date March 8, 2024

Defendants’ Demurrer to Complaint (Unopposed)

Plaintiff Mario Gonzalez allegedly purchased a stadium seat from Costco. Gonzalez alleges the seat was defective, causing injuries. Defendant Costco Wholseale Corporation and Cascade Mountain Technologies demur for uncertainty.

Gonzalez’s form complaint is vague. Although he asserts causes of action for products liability and negligence, he does not allege any facts identifying the product’s defect or stating how it injured him. The complaint merely states in a conclusory fashion that the seat had a defect which caused plaintiff to fall. Complaint pgs. 4-5. The complaint is uncertain— Gonzelez must specifically identify the defect and how it injured him before this lawsuit can proceed.

SUSTAINED with ten days leave to amend.