Blaw

Allison Gibson February 21, 2011 BLaw 3201Sec. 3 Case Brief One CRUZ vs. FAGOR AMERICA, INC. California lawcourt of Appeal, Fourth District, section 1, 2007 52 Cal. Rptr.3d 862 146 Cal.App.4th 488 FACTS: On September 10, 2001, Cruz, 16, suffered fire on his left hand torso and thigh when winning the top off a pressure cooker that his parents bough at a San Diego County Fair earlier that summer. Fagor America, Inc. (Fagor) was the electrical distributor of the pressure cooker. Cruzs parents notified Fagor of the incident by e-mail that aforesaid(prenominal) day that is occurred. Fagor forwarded the complaint to its restitution broker who forwarded it to Fagors cosmopolitan liability insurer. The insurance bon ton notified Cruz on June 2, 2003 that it was not assume liability for the injuries, but would apply for medical expenses up to $5,000. On July 21, 2004, Cruzs attorney cognizant the insurer that Cruz planned to be compensated for all expenses incurred fr om the incident. They over again denied liability in a letter dated noble-minded 18, 2004. On December 1, 2004, Cruz filed a complaint against Fagor, alleging causes of action for negligence. On December 14, 2004, Cruz send the summons and complaint to Fagor addressed to the president, Patrico Barriga, and bespeak a publication receipt. Fagor neer filed an answer to the summons.

A retroflex of Cruzs bay for institution of default on was mailed to Fagor February 9, 2005. The court entered default on Cruzs second request for default on February 25, 2005. On may 31, 2004, a default of $259,114.50 was made against Fagor. Fagor did not start transaction with the issue until Novembe r 29, 2005 when they communicate denial of ! entry of default and default judgment. In response, Cruzs attorney filed a declaration construction that an agent of Barrigas who regularly received mail on his behalf signed the return receipt. The trail court heard Fagors motions on January 27, 2006 and given the motion on February 1. Cruz filed for appeal February 16. free: Is Fagors motion...If you necessitate to get a full essay, lay it on our website: OrderEssay.net

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