California Court of Appeal

In an action for personal injuries involving a malfunctioning gas wall furnace, trial court judgment sustaining defendant's demurrer is affirmed where, although the court erred in sustaining the demurrer on the ground that discovery responses were inconsistent with the second amended complaint, the decision was still correct as defendant-utility did not owe plaintiff a duty of due care since it was a bystander and not under a duty to act.

Appellate Information

• Decided 08/10/2009
• Published 08/10/2009

Judges

• FLIER, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Barry Novack, Barry B. Novack, Beverly Hills, and Jonathan Parrott, for Plaintiffs and Appellants.


• For Appellees:
  
• Sabina B. Clorfeine, San Diego, for Defendant and Respondent.