Aquacell Technologies v. Benedix
Appellant, Bill Benedix, purchased a water system from respondent, Aquacell Technologies, Inc., on April 9, 2003. On July 25, 2005, appellant filed a small claims action against respondent alleging that a leak in the water system discovered on September 1, 2003, had caused water and mold damage to his home. On August 24, 2005, respondent filed the underlying action for abuse of process and negligence against appellant. Appellant filed a cross complaint on September 29, 2005, alleging various causes of action arising from the damages caused by the water leak including emotional distress, general negligence, products liability and fraud. Accordingly, the portion of the order sustaining the demurrer to the causes of action for general negligence and products liability will be reversed. In all other respects, the order of dismissal will be affirmed.
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