Jose Avila v. Atrium Medical Corporation

I. INTRODUCTION

On September 10, 2020, plaintiffs Jose Avila, Rachel Bates, Hazel Benhamed- Masri, Brian Benhardt, Nury Bernal, John Coco, Herman Curley, Claude Daniels, Raymond Ferrell, John Langley, Betty Lewis, Raymond Maki, James Nakashian, Alan Roseman, Alfredo Vega, and Randy Walker (collectively, “plaintiffs”) filed a complaint in the Superior Court of the State of California for the County of Los Angeles against defendant Atrium Medical Corporation (“Atrium”) and Does through 20. Dkt. 1-1 (“Compl.”). Plaintiffs bring claims for: (1) product liability based on theories of failure to warn, (2) design defect, (3) manufacturing defect, and (4) negligence, as well as claims for (5) breach of implied warranty, (6) breach of express warranty, (7) fraud, and (8) negligent misrepresentation. Compl. {| 46-95. Atrium was served with a summons and the complaint on September 16, 2020. Dkt. 1-2. On October 14, 2020, Atrrum filed an answer in the Superior Court with regard to plaintiffs Avila, Benhamed-Masri and Vega only. Dkt. 1-4. Also on October 14, 2020, Atrium specially appeared in the Superior Court for the purpose of…