On July 31, 2010, plaintiff Banipal Enwiya consumed raw oysters at the Fog Harbor Fish House in San Francisco and became ill. Enwiya sued the restaurant owner, Simco Restaurants Inc.; the restaurant, Fog Harbor Fish House; the seafood distributor, A. La Rocca Sea Food Inc.; and a harvester and distributor of oysters, Fanny Bay Oyster Company and Taylor Shellfish Canada, doing business as Fanny Bay Oysters. He alleged that the defendants failed to properly inspect the oysters, causing his illness. According counsel for Taylor Shellfish Canada, records of the San Francisco Health Department proved that the oysters were not farmed at or were derived from Taylor Shellfish Canada, so the defendant was subsequently dismissed prior to settlement. In addition, it was ultimately learned that Simco Fine Dining, LLC was doing business as Fog Harbor Fish House and was the correct identity of the restaurant and owner. Thus, the matter continued against A. La Rocca Sea Food Inc. and Simco Fine Dining, LLC only. Enwiya contended that A. La Rocca and Simco Fine Dining were negligent in the manufacture, preparation, packaging, inspection and distribution of the oysters. Simco Fine Dining disputed liability, noting the determination by the San Francisco Health Department that Fog Harbor Fish House complied with all safe handling and storage requirements for raw seafood. Simco Fine Dining further contended that it properly warned Enwiya of the potential inherent hazards associated with the consumption of raw shellfish., Enwiya claimed that he suffered food poisoning as a result of consuming the oysters. Thus, he sought recovery of damages for his medical costs and loss of earnings as a result of missing work due to his illness. Counsel for A. La Rocca and Simco Fine Dining contended that Enwiya was ultimately diagnosed and treated for a virus commonly found naturally in raw shellfish.