Arriaga

Arriaga v. CitiCapital Commercial Corp.

Good Law

167 Cal. App. 4th 1527·2008 Cal. App. LEXIS 1722·85 Cal. Rptr. 3d 143·67 U.C.C. Rep. Serv. 2d (West) 118

Court of Appeal of CaliforniaNovember 3, 2008F052419California5,088 words

Opinion

Levy, J.

Appellant, Guillermo Arriaga, was injured when his finger became entangled in a glue spreading machine. This machine was in used condition when purchased by Arriaga’s employer, Orepak Hardwood Products, Inc. (Orepak). The accident occurred because a guard was removed from the glue spreader before Orepak took possession.

Respondent, CitiCapital Commercial Corporation (CitiCapital), is the successor in interest to JLA Credit Corporation (JLA). JLA financed the purchase of the glue spreader through a finance lease for AVP, Ltd. (AVP). As a lessor under a finance lease, JLA did not select, manufacture or supply the machine but, rather, purchased it for, and then rented it to, AVP. Orepak acquired the glue spreader from AVP.

Arriaga filed the underlying complaint for personal injury alleging causes of action for strict liability, negligence, and breach of warranty. Arriaga named the manufacturer, retailer, and lessee of the glue spreader as defendants. CitiCapital was also included as the purported owner/lessor of the machine.

CitiCapital moved for summary judgment on the ground that, as a finance lessor and one-time seller of the glue spreader, it was not part of the chain…

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