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.
APPEAL from a judgment of the Superior Court of Los Angeles County, William Barry, Judge. Affirmed.
SECOND APPELLATE DISTRICT, DIVISION EIGHT
Filed August 10, 2009
Before FLIER, J., RUBIN, Acting P.J., BIGELOW, J.
Opinion by FLIER, J.
For Defendant: Sabina B. Clorfeine.