Sarkis Panoyan v. Regalo International LLC

I. Factual Background

In February 2019, Plaintiffs purchased a “Regalo Home Accents Extra Tall and Walk Thru Baby Gate,” Model No. 0320 DS (“Gate”) from Defendant. (Docket No. 15 (“FAC”) 98.) “The Gate utilizes a design that incorporates a metal rail at the bottom of the Gate which rises approximately 1.5 inches from the ground.” (Id.) In March 2019, Plaintiff Panoyan used the Gate to house a small dog. (Id. at 49.) The Gate was installed at the top of the staircase leading from the second story to the first floor of Plaintiffs’ home. (id.) As Plaintiff Panoyan passed through the Gate, he tripped over the Gate’s metal rail and fell down the stairs. (Id.) He sustained injuries to his spine, neck, and arms that necessitated reconstructive surgery and other medical treatment. (Id. at 10.) Plaintiffs allege the Gate is defective and lacks sufficient and adequate warnings and instructions. (Id. at 98.) Il. Procedural Background On June 14, 2019, Plaintiffs filed a Complaint in the Superior Court of California for the County of Los Angeles. (Mot. at Ex. A.) On June 19, 2019, Plaintiffs mailed a copy of the Complaint with a claim letter to Defendant. (Id. at Ex.…