Ambrose
Ambrose v. Michelin North America, Inc.
Opinion
Opinion
Ramirez, J.
Plaintiff and appellant John Ambrose, Jr. (Ambrose), appeals from the trial court’s orders denying (1) his oral request to continue the summary judgment hearing (Code Civ. Proc., § 437c, subd. (h)); and (2) his motion for relief from judgment and dismissal (§ 473, subd. (b)). We affirm the judgment because the trial court did not abuse its discretion when it ruled on either motion.
Facts and Procedural History
This is a products liability action. On May 14, 2001, Ambrose was driving a three-axle cement truck owned by his employer, Superior Ready Mix, on Interstate 15. The truck was loaded with approximately 9.5 cubic yards of concrete. The police report indicates that the truck’s left front tire, manufactured by defendant and respondent Michelin North America, Inc. (Michelin), “blew up,” causing the truck to crash.
On May 13, 2002, Ambrose filed suit against Michelin, alleging that a defect in the tire caused the accident and resulting injuries and damages. The complaint stated causes of action for strict products liability, negligence, and breach of express and implied warranty. On June 25, 2004, Michelin filed a motion for summary judgment. Ambrose filed his…