Judge: Michael Shultz, Case: 22STCV01343, Date: 2024-02-20 Tentative Ruling

Case Number: 22STCV01343    Hearing Date: February 20, 2024    Dept: A

22STCV01343 Allianz Global Risks US Insurance Company, et al v. Ugly Brothers, LLC

Tuesday, February 20, 2024, at 8:30 a.m.

[TENTATIVE] ORDER TAKING OFF CALENDAR MOTION TO QUASH SERVICE OF SUMMONS FILED BY CROSS-DEFENDANT, WESTPORT FUEL SYSTEMS, INC.

[TENTATIVE] ORDER TAKING OFF CALENDAR DEMURRER TO CROSS-COMPLAINT BY DEFENDANT, WESTPORT FUEL SYSTEMS ITALIA S.R.L.

       The first amended complaint (“FAC”) alleges that Plaintiffs’ insured manufactured pressure relief valves that were installed on buses owned and operated by Los Angeles County Metropolitan Transit Authority (“LA Metro”). The valves were subject to a safety recall prompting Plaintiffs’ insured to retain Defendant, Ugly Brothers, LLC, (“Ugly Brothers”) to perform work as part of that recall process. During the work, Ugly Brothers allegedly ignited natural gas, causing an explosion, fire, and destruction of three LA Metro buses.

       LA Metro demanded replacement of the buses from Rev Group, Inc., (“Rev Group”) the manufacturer of the buses. In turn, Rev Group requested indemnification from Plaintiff’s insured. Plaintiffs ultimately paid its insured’s claim for damage the insured caused.

       Plaintiffs tendered their claim to Ugly Brothers, who allegedly failed to pay the claim or reimburse Plaintiffs. The complaint alleges claims for products liability and related claims, negligence, indemnity, and contribution.

       Defendant, Ugly Brothers, then filed its cross-complaint against Westport Fuel Systems, Inc. dba EMER Westport Fuel Systems Italia SRL and Westport Fuel Systems Italia SRL dba EMER Rev Group among other Cross-Defendants, asserting that any damage caused by Ugly Brothers arose solely from the Cross-Defendants’ conduct.

       On December 22, 2023, Westport Fuel Systems Italia SRL (“Westport Italia”) demurred to Ugly Brothers’ cross-complaint. Defendant, Westport Fuel Systems, Inc. (“Westport Fuel”), moved to quash service of Ugly Brothers’ cross-complaint for lack of personal jurisdiction. All interested parties then stipulated to grant Ugly Brothers a third extension to respond to the demurrer and motion to quash by February 14, 2024. (Stip. 2/9/24, 3:5-10.)

       On February 14, 2024, Ugly Brothers dismissed its cross-complaint against Westport Fuel, which renders the motion to quash moot and which the Court takes off calendar.

       On the date the response to the demurrer was due, Ugly Brothers filed its first amended cross-complaint. As the amended pleading supersedes the original cross-complaint, the demurrer is rendered moot. (Foster v. Sexton (2021) 61 Cal.App.5th 998, 1035 ["An amended pleading supplants (i.e., entirely replaces) the prior pleading and it, standing alone, contains all the plaintiff's allegations and requests for relief.”].)

       Based on the foregoing, the Motion to Quash filed by Defendant, Westport Fuel Systems, Inc., and the demurrer to the cross-complaint filed by Westport Fuel Systems Italia SRL, are both taken OFF CALENDAR.