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Jimenez v. Superior Court Of San Diego County8/1/2000
ent plumbing systems were installed in mass-produced residences. If Shell Oil Co., as a marketer of defective plumbing systems, can be held strictly liable, then Defendants, as manufacturers of allegedly defective windows, can be held strictly liable. Therefore, our reasoning and holding in Bay Summit supports our conclusion in this case. We perceive no reason to except Defendants from application of the general principle of strict products liability.
VII. Conclusion
Because Defendants did not show that they cannot be held strictly liable based on the undisputed facts set forth in their moving papers, the trial court erred by granting Defendants' motions for summary adjudication on Plaintiffs' cause of action for strict products liability. Triable issues of material fact exist whether Defendants' windows were defective when they left Defendants' possession and whether the defects caused damage to persons or other property.
DISPOSITION
Let a peremptory writ of mandate issue directing the superior court to vacate its orders granting Defendants' motions for summary adjudication and enter a new order denying the motions. Plaintiffs are entitled to costs incurred in this writ proceeding.
CERTIFIED FOR PUBLICATION
WE CONCUR:
BENKE, Acting P.J.
NARES, J.
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