Calif. Ruling Allows Plaintiffs to Proceed Against Construction Equipment Makers

SAN FRANCISCO - A California appellate court has ruled that a procedural rule limiting a plaintiff to 30 days in which to file an amended complaint after reversal of a demurrer without leave to amend is ambiguous and doesn't apply where the court is reversing an order dismissing claims and defendants. Dye, et al. v. Caterpillar Inc., et al., No. A127191 (Calif. Ct. App, 1st Dist.).

The First District Court of Appeal noted the unusual circumstances of this case, including multiple appeals, but said that applying a 30-day deadline to "any" amended complaint would lead to absurd results.

The Court …