Frank Gallardo v. Jimmy Loera, Team Champion Exterminator, and Does 1 to 10
Published: Mar. 9, 2018 | Result Date: Dec. 7, 2017 | Filing Date: May 15, 2017 |Case number: BC661405 Bench Decision – Defense
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Defendant
Lucio O. Leon
(Muhar, Garber, Av & Duncan)
Facts
Plaintiff Frank Gallardo's job was located next door to Team Champion Exterminator. Plaintiff filed suit against Team Champion Exterminator after his car was struck while he was at work.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the business was responsible for the damaged vehicle. Plaintiff alleged negligence, and premises liability, contending that the business should have warned him regarding the danger of parking there while the plaintiff was working.
DEFENDANTS' CONTENTIONS: Defendants demurred to the plaintiff's causes of action, arguing the facts pleaded failed to state a cause of action.
Damages
The plaintiff sought punitive damages.
Result
Defendants' demurrer was sustained without leave to amend. The court also granted defendants' motion to strike the request for punitive damages from the plaintiff's complaint.
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