Humberto Alatorre-Garcia v. Jose Carlos Cortez, Jose Campos, A-1 Coast Rentals Inc., and Does 1 through 10, inclusive
Published: Aug. 13, 2016 | Result Date: Jun. 29, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC581552 Demurrer – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Andrew C. Schuh
(Schuh Farms)
Defendant
Amy E. Volk
(Diederich & Associates)
Facts
Humberto Alatorre-Garcia sued Jose Cortez, Jose Campos, and A-1 Coast Rentals Inc., involving a motor vehicle collision.
Contentions
PLAINTIFF'S CONTENTIONS:
On March 18, 2014, defendant A-1 allegedly rented out and installed an equipment, a stump cutter, as well as a trailer and tow hitch to defendants Cortez and Campos, who then attached the trailer and stump cutter to Cortez's truck. Cortez allegedly had a suspended and invalid driver's license at the time. As a result, Campos signed for the equipment rental. The next day, in the early morning, Cortez was driving his truck with the hitched trailer and equipment when he collided with plaintiff's vehicle as Cortez was navigating a left turn in front of plaintiff. Defendant driver allegedly failed to yield the right of way to plaintiff. Plaintiff was injured and sued defendants, alleging negligence.
DEFENDANTS' CONTENTIONS:
Defendants filed a demurrer challenging the sufficiency of plaintiff's allegations.
Damages
Alatorre-Garcia sustained various serious injuries that required surgery to his knee, ankle, and elbow.
Result
Noting that the trailer was not a vehicle, the trial court sustained defendants' demurrer without leave to amend, thereby ending the case.
Other Information
FILING DATE: May 12, 2015.
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