Judge: Marcella O. Mclaughlin, Case: 37-2023-00006061-CU-PO-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  PI/PD/WD - Other Demurrer / Motion to Strike 37-2023-00006061-CU-PO-CTL ARGAST VS UBER TECHNOLOGIES INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 10/10/2023

The demurrer to the first amended complaint is OVERRULED.

A. Defendants' request for judicial notice is denied. '[A] written trial court ruling has no precedential value.' Santa Ana Hospital Medical Center v. Belse (1997) 56 Cal.App.4th 819, 831.

B. Turning to the merits, plaintiffs allege that the Uber App is a 'product.' (FAC at ¶ 124(b).) This fact – which the court must liberally construe and accept as true – is sufficient for purposes of pleading a strict products liability claim. Whether plaintiffs can produce at trial, or in response to a motion for summary judgment, evidence that will support their allegations remains to be determined. See Nast v. State Bd. of Equalization (1996) 46 Cal.App.4th 343, 346 fn. 2 ('A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or plaintiff's ability to prove those allegations.').

C. Defendants must file and serve an answer to the recently filed second amended complaint per Code.

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