Facts

Kithe Brewster sued Avis Rent-A-Car System LLC and ABG Corp., in connection with a motor vehicle collision that occurred in July 2013 that resulted in the death of Brewster's spouse, Ryan Singleton.

PLAINTIFF'S CONTENTIONS:
The decedent allegedly rented a car from Avis in Los Angeles for the purpose of driving it to and from Las Vegas. Defendants had possession of the vehicle prior to the decedent renting it. The vehicle broke down in the Mojave Desert, causing the decedent to become stranded. The next day, he was reported missing in Baker. The temperature in Baker was recorded to be between 82 and 103 degrees Fahrenheit during that time. On Sept. 21, the decedent's body was found by locals. Plaintiff contended that the decedent died outside Baker as a result of exposure to the elements. Plaintiff also contended that defendants should be held liable for the decedent's death due to their failure to properly inspect, repair, and maintain the vehicle, which led to the decedent's death. Plaintiff sued defendants, alleging a cause of action for negligence-wrongful death.

DEFENDANTS' CONTENTIONS:
Avis demurred, challenging the sufficiency of plaintiff's allegations. Avis also contended that plaintiff failed to allege causation and that the action was barred by the statute of limitations.

Result

The court rejected Avis' statute of limitations argument, but sustained its demurrer on causation grounds.