Judge: Mark H. Epstein, Case: 24SMCV03286, Date: 2024-12-16 Tentative Ruling

Case Number: 24SMCV03286    Hearing Date: December 16, 2024    Dept: I

The demurrer is OVERRULED.  This is not Bockrath v. Aldrich Chemical Co. (1999) 21 Cal.4th 71.  There, the plaintiff claimed exposure to some toxin while working at a company for 21 years and named 55 defendants that might have been responsible.  He listed a lot of products to which he had been exposed over the years and claimed that none of them were stored right and that as a result, they caused an injury.  But there was no allegation as to which of the many chemicals caused the injury or which defendant did what.  The demurrer in that case was sustained.  Here, plaintiff alleges one instance of breathing in a toxic gas while walking.  The specific cause of the release is not known.  Plaintiff is entitled, at the pleading stage, to name all of the parties that might be responsible and allow the discovery process to sort out whether it was caused by a leaky pipe, poor maintenance, a defective product, or what.  If this defendant truly did nothing wrong, summary judgment is the time to bring an appropriate motion.  Defendant Teichert has 15 calendar days to answer.  Because the case will soon be at issue, the court sees no purpose in delaying the CMC, at least unless someone intends to bring in a new party.