Platero

FACTS AND PROCEDURAL BACKGROUND

Allegations of the Complaint

The original complaint in this case was filed on September 14, 2010. Platero and Marroquin filed the operative second amended complaint on November 29, 2011, against multiple defendants, including BRK as a Doe defendant. The complaint alleged causes of action against BRK for negligence, products liability, wrongful death, and premises liability as follows. On August 12, 2010, a candle caused a bedroom fire, killing plaintiffs’ 15-year-old twins Erick and Edward Marroquin. The smoke detector in the apartment never sounded. BRK negligently developed, manufactured, marketed, and distributed the defective smoke detector.

Proceedings Prior to Final Status Conference and Trial

In July 2012, defendants other than BRK brought motions to compel plaintiffs’

1All further statutory references are to the Code of Civil Procedure, unless otherwise stated.

2 responses to interrogatories, which plaintiffs did not oppose and the trial court granted. By August 2013, all of the defendants other than BRK had settled with the plaintiffs or had summary judgment entered in their favor. On August 30, 2013, plaintiffs failed to appear at a…