Judge: Linda S. Marks, Case: 2020-01165780, Date: 2022-09-28 Tentative Ruling

1.Demurrer to Amended Complaint field by Leviton Manufacturing, Co. Inc. on 5/20/22

2.  Motion to Strike by Leviton Manufacturing, Co. Inc.

3.  Motion to Strike by Tyler Worthington

Demurrer; Motion to Strike

1st cause of action: Wrongful Death

Allegations are sufficient to state a cause of action for Wrongful Death; Overrule;

2nd cause of action: Negligence

Allegations are sufficient to state a cause of action for Negligence; Overrule;

3rd cause of action – [agreement to dismiss this cause of action]

4th cause of action: Strict Products Liability [Manufacturing Defect]

Allegations are sufficient to survive a demurrer; Overrule;

5th cause of action: Strict Products Liability [Design Defect]

Allegations state a cause of action for strict products liability – design defect; Overrule;

6th cause of action: Strict Products Liability – [Failure to Warn]

This cause of action is adequately pled; Overrule;

7th cause of action: Products Liability – [Negligence]

This cause of action is adequately pled; Overrule;

8th cause of action – [Negligent Failure to Warn]

This cause of action is adequately pled; Overrule;

9th cause of action – [Express Warranty]

Pltfs have not alleged the exact terms of Deft Leviton’s express warranty; Further, Pltfs were not a party to the agreement with Deft Leviton for the purchase of the products at issue; Sustain with 20 days leave to amend;

10th cause of action – [Implied Warranty of Merchantability]

Pltfs were not a party to the original sale with Deft Leviton and offer no case law establishing that they are in privity with Leviton; Pltfs fail in their opposition to address any arguments Deft Leviton raised regarding implied warranties; Sustain with 20 days leave to amend;

11th cause of action – [Implied Warranty of Fitness of a Particular Purpose]

The requisite privity has not been alleged; Sustain with 20 days leave to amend;

12th cause of action [Vicarious liability]

The allegations are sufficient to state this cause of action; Overrule;

Motion to Strike

Pltf does not identify corporate leader who acted with malice such that punitive damages are recoverable; Grant Motion to Strike Pltfs’ claims for punitive damages and the language that identified Deft’s conduct as “malicious, wanton, or oppressive disregard for Decedent’s rights” with 20 days leave to amend.