STORY FROM: Benzene & Emerging Toxic Torts Litigation
Plaintiffs Defend Amended Complaint, Say Defense Challenges 'Belated'
September 2, 2005
LOS ANGELES -- A former painter has defended the fraudulent concealment claims in his amended complaint, saying that because the defendant was required by state regulations to disclose possible toxic hazards, fraudulent concealment claims are viable. Loyola, et al. v. Union Oil Co., et al., No. BC280498 (Calif. Super. Ct., Los Angeles Cty.).
In the Aug. 8 opposition filed in the California Superior Court for Los Angeles County, plaintiffs Cordelia and Xavier Loyola contend that Neville Chemical Co. asserted entirely new arguments in its reply to the plaintiffs' opposition, and that the court should not tolerate the 'belated argument.'