Caterpillar Supports Motion to Strike Master Complaint, Opposes Leave to Amend

OAKLAND, Calif. - Caterpillar says the plaintiffs in the California welding rod proceedings have no basis for their 'facially deficient' master complaint and have asked the court to strike portions of the master complaint without offering the plaintiffs leave to amend. Welding Products Cases, JCCP No. 4368 (Calif. Super. Ct., Alameda Cty.).

The company moved to strike the master complaint in May, saying the plaintiffs failed to adequately plead a basis for recovery of punitive and exemplary damages, restitution, disgorgement and other equitable relief. The plaintiffs opposed the motion on June 7.

Caterpillar claims the Superior Court for Alameda County …