California, United States of America
The following excerpt is from Garibay v. Callery/Conway/Mars HV, Inc., No. B213687 (Cal. App. 5/25/2010), No. B213687. (Cal. App. 2010):
We decline to further address successor liability because the issue involves substantial questions of fact, and the trial court cited but avoided application of the successor liability factors discussed in Ray v. Alad Corp., supra, 19 Cal.3d 22. The trial court stated, for example, that "[e]ven if plaintiff could convince a trier of fact that factors weighed in favor of finding successor liability," plaintiff could not prevail because of preemption (which is an erroneous legal conclusion), and the trial court thus did not assess the relevant factors. It is most appropriate for an appellate court to leave to the trier of fact in the first instance the determination of whether there is a factual basis for finding successor liability.
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