Mendez

Mendez v. Williams CA2/5

Good Law
Court of Appeal of CaliforniaAugust 25, 2022B311860California1,911 words

Opinion

Opinion

Kim, J.

I. INTRODUCTION

Plaintiffs1 appeal from the trial court’s judgment based on its orders granting summary adjudication in favor of defendant2 on plaintiffs’ causes of action for strict liability and loss of consortium. On appeal, plaintiffs purport to challenge the court’s amended order granting summary adjudication on a negligence cause of action that was not alleged against defendant. We affirm the judgment.

II. FACTUAL BACKGROUND3

A. The Accident

On October 28, 2016, while working for Precision Tube Bending (Precision), Atzim was injured by a hydraulic tube bender machine. The machine (machine 16) was manufactured in 1955 by Pines Engineering Co., Inc. (Pines).

Plaintiffs are Atzim Mendez (Atzim) and his wife Maria Del Carmen Mendez (Maria).

Defendant is Diane Williams, doing business as (dba) D&D Leasing.

Because we decide this appeal on procedural grounds, we provide only a summary of the factual background as context for the discussion below.

2 B. The Lease

In early 1982, the then owner of machine 16, Stainless Steel Products, Inc. (the seller), contacted Precision about selling it and four other used pipe bending machines. But Precision’s…

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