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Personal Injury
Auto v. Auto
Left Turn Collision

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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