Primativo Hernandez v. Xiong Ying, Ean Holdings LLC, and Does 1 through 50, inclusive
Published: Feb. 18, 2017 | Result Date: Jan. 24, 2017 | Filing Date: Jan. 1, 1900 |Case number: BC635588 Demurrer – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Hussein A. Chahine
(Los AbogadosdeAccidentes-SoCal InjuryLaw)
Defendant
Corey A. Miller
(Miller, Miller & Gerber LLP)
Scott D. Miller
(Sullivan & Cromwell LLP)
Facts
On Aug. 3, 2015, plaintiff was driving northbound on Fullerton Road near Aguiro Street, in the County of Los Angeles. His vehicle was involved in a collision with a vehicle driven by Xiong Ying, who made a left turn in front of plaintiff's vehicle while traveling southbound on Fullerton Road.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Ying negligently operated his vehicle and that EAN Holdings LLC was liable because it owned the vehicle that Ying was driving.
DEFENDANT'S CONTENTIONS:
EAN Holdings contended that it was an affiliate of Enterprise Rent-A-Car Company of Los Angeles LLC, and that under the Graves Amendment, it could not be held vicariously liable for the actions of its consumers.
Result
The court sustained the demurrer without leave to amend.
Other Information
FILING DATE: Sept. 28, 2016.
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