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.
Read Williams v. Southern California Gas Co., No. B210897 in PDF
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Appellate InformationAPPEAL from a judgment of the Superior Court of Los Angeles County, William Barry, Judge. Affirmed.SECOND APPELLATE DISTRICT, DIVISION EIGHTFiled August 10, 2009
JudgesBefore FLIER, J., RUBIN, Acting P.J., BIGELOW, J. Opinion by FLIER, J.
CounselFor Plaintiff: Law Offices of Barry Novack, Barry B. Novack and Jonathan Parrott.
For Defendant: Sabina B. Clorfeine.
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