Miller Electric Files Demurrer to Welding Rod Complaint, Cites Lack of Specificity

SAN FRANCISCO -- A defendant in a recently filed California welding rod complaint has filed a demurrer to the complaint, claiming that the lawsuit fails to assert a specific injury or product, thus precluding the claims under California law governing specificity in toxic tort lawsuits. King, et al. v. BOC Financial Group, et al., No. CGC 04-429012 (Calif. Super. Ct., San Francisco Cty.).

In a demurrer filed on April 15, defendant Miller Electric argues that the plaintiffs' complaint fails under the test set in Bockrath v. Aldrich (1999) 21 Cal.4th 71, which outlines the standards under which a plaintiff must …