Judge: Lee W. Tsao, Case: 23NWCV01649, Date: 2023-09-20 Tentative Ruling
Case Number: 23NWCV01649 Hearing Date: September 20, 2023 Dept: C
Suarez v. Macy’s v.
CASE NO.: 23NWCV01649
HEARING: 9/20/23 @ 10:30 AM
#9
Defendant’s demurrer to Plaintiff’s Second
through Fifth Causes of Action is OVERRULED.
Moving Party to give NOTICE.
Defendant Macy’s Inc. (Defendant) demurs to
Plaintiff’s Second through Fifth Causes of Action pursuant to CCP § 430.10(e).
Plaintiff
Blanca Suarez (Plaintiff) filed this Complaint for injuries sustained after the
packaging containing a Vortex Air Fryer broke causing the box to fall on
Plaintiff while she was carrying it. Plaintiff alleges she was carrying the air
fryer to her car after she purchased it from Defendant. Plaintiff brings causes of action for:
I.
General
Negligence
II.
Products
Liability – Manufacturing Defect
III.
Products
Liability – Design Defect
IV.
Negligence
– Failure to Warn
V.
Negligence
– Recall/Retrofit
Legal
Standard
The party against whom
a complaint has been filed may object to the pleading, by demurrer, on several
grounds, including the ground that the pleading does not state facts sufficient
to constitute a cause of action. (CCP § 430.10(e).) A party may demur to an
entire complaint, or to any causes of action stated therein. (CCP § 430.50(a).)
Discussion
Defendant argues that Plaintiff’s Second
through Fifth Causes of Action for failure to state a claim because Plaintiff’s
Complaint does not include allegations that Defendant manufactured or designed
the product. “Beyond manufacturers, anyone identifiable as ‘an integral part of
the overall producing and marketing enterprise’ is subject to strict liability.
[Citation.] Accordingly, retailers engaged in the business of distributing
goods to the public are strictly liable in tort for personal injuries caused by
defects in those goods.” (Arriaga v. CitiCapital Commercial Corp. (2008)
167 Cal.App.4th 1527, 1534.) Thus, Plaintiff’s allegations that Defendant sold
Plaintiff the product are sufficient to support a product liability cause of
action. (Compl. ¶ 11.) Therefore, Defendant’s demurrer to Plaintiff’s Second
through Fifth Causes of Action is overruled.
Accordingly, Defendant’s demurrer to
Plaintiff’s Second through Fifth Causes of Action is OVERRULED.