California Court of Appeal

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Arriaga v. CitiCapital Commercial Corp., F052419

In a claim for harm suffered when plaintiff's finger became entangled in a glue spreading machine, summary judgment in favor of defendant is affirmed where: 1) defendant was a finance lessor, not a commercial lessor; 2) as the entity that merely provided the financing, defendant was outside the direct chain of distribution; 3) strict liability as a lessor was inapplicable; 4) if defendant was considered to be the seller of the machine, it sold a used product that it had no connection to other than having obtained bare legal title through the financing mechanism; and 5) defendant could not be held liable under either strict products liability or negligence theories.

Appellate Information

  • Decided 11/03/2008
  • Published 11/03/2008

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Office of Jacob M. Weisberg and Jacob M. Weisberg, Fresno, for Plaintiff and Appellant.

  • For Appellees:
  • Lewis, Brisbois, Bisgaard & Smith, Roy G. Weatherup, Daniel B. Bath, Caroline E. Chan and Lynda J. Kim, Los Angeles, for Defendant and Respondent.
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