Caterpillar Asks Court to Support its Demurrer, Opposes Leave to Amend

OAKLAND, Calif. - Caterpillar says the plaintiffs' master complaint in the California welding rod proceedings is factually insufficient to establish a cause of action and has asked the court support its demurrer without offering the plaintiffs leave to amend. Welding Products Cases, JCCP No. 4368 (Calif. Super. Ct., Alameda Cty.).

Caterpillar filed a demurrer in the California Superior Court for Alameda County on May 9, claiming that it cannot be held liable for mere participation in a trade association, and that the plaintiffs have failed to plead with particularity. Caterpillar additionally claimed that no plaintiff has worked for the company …