Case Number: BC620601 Hearing Date: November 28, 2018 Dept: J

Re: Jade Lyons v. Baque Bros. Concessions, Inc., etc., et al. (BC620601)

MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION

Moving Party: Defendant Chance Rides Manufacturing, Inc.

Respondent: Plaintiff Jade Lyons [Notice of Non-Opposition filed, 11/13/18]

POS: Moving OK; Notice of Non-Opposition OK

Plaintiff alleges that on or about 5/18/13, she sustained injuries on the Zipper ride while attending the St. Dorothy Church Oak Tree Festival in Glendora. The complaint, filed 5/17/16, asserts causes of action against Defendants Baque Bros Concessions, Inc., fka Gerald and Thomas Baque dba Baque Bros. Concessions (“Baque Bros”), Chance Rides Manufacturing, Inc. (“Chance Rides”), Archdiocese of Los Angeles Education & Welfare Corporation, individually and dba St. Dorothy Catholic Church (“Archdiocese”) and Does 1-100 for:

1. Strict Liability in Tort/Defective Product

2. Negligence

On 9/2/16, Chance Rides filed its cross-complaint, asserting causes of action against Baque Bros., Archdiocese, St. Dorothy Catholic Church and Does 1-100 for:

1. Equitable Indemnity and Contribution

2. Implied Indemnity

3. Declaratory Relief

On 3/6/18, plaintiff filed nine “Amendment[s] to Complaint,” wherein Chance Manufacturing, Inc. was named in lieu of Doe 11, D.H. Morgan Manufacturing was named in lieu of Doe 12, Chance Industries, Inc. was named in lieu of Doe 13, Chance Rides, Inc. was named in lieu of Doe 14, Chance Coach, Inc. was named in lieu of Doe 15, Chance Operations, Inc. was named in lieu of Doe 16, Chance Engineering, Inc. was named in lieu of Doe 17, Chance-Morgan Coasters, Inc. was named in lieu of Doe 18 and Chance Morgan, Inc. was named in lieu of Doe 19.

On 9/25/18, this action was transferred from the personal injury hub (Department 5) to this department.

A status conference is set for 11/28/18.

Defendant Chance Ride Manufacturing (“Chance Ride”) moves for an order granting summary judgment in its favor and against Plaintiff Jade Lyons (“plaintiff”) on plaintiff’s complaint; in the alternative, Chance Ride seeks summary adjudication as follows:

Issue No. 1: Plaintiff is unable to establish a question of fact as to whether Chance Rides is liable for the first cause of action (i.e., for Strict Liability in Tort/Defective Product), since there is no evidence of design, manufacturing or warning defects.

Issue No. 2: Plaintiff is unable to establish a question of fact as to whether Chance Rides is liable for the second cause of action (i.e., for Negligence), since there is no evidence of design, manufacturing or warning defects.

On 11/13/18, plaintiff filed a “[n]otice of no opposition” to the motion, indicating she does not oppose entry of summary judgment in Chance Ride’s favor. In light of the notice of non-opposition, the motion is granted. (See also CCP § 437c(b)(3)).