Hearing re: Demurrer on 1st Amended
ROUX vs DSI LOGISITICS,
LLC
Complaint for Product Liability (Over
CVPS2105996
$25,000) of JOANNA ROUX by DSI
LOGISITICS,
LLC
Tentative Ruling:
Sustained without
leave
as
to
2nd
cause
of
action
against
moving
Defendant;
Overruled as to 5
th cause of action against moving defendant.
Prevailing party to provide notice.
Plaintiff to file Second Amended Complaint consistent with this order (and motion to strike order) within
10 days of order becoming final.
Defendant to file answer within 20 days of service of Second Amended Complaint.
This case arises out of the allegations that Plaintiff was sold a bedframe infested with
bed bugs. The
First
Amended
Complaint
(FAC)
alleges
actions
against
the
seller
(Ashley
Furniture) and
other
defendants that
they
played
an
active
role
in manufacturing, assembling, delivering, and
installing
furniture infested with bed bugs in Plaintiff’s home.
The FAC alleges 5 causes of action for 1) breach
of implied warranty of mer