California Defendant Says Silica Complaint Barred by Limitations, Lacks Specificity

OAKLAND, Calif. - A defendant in a California silica case has filed a demurrer to the complaint, asserting that it is so devoid of factual allegations that it is impossible to determine that the case was filed within the applicable limitation period, or the reasons for why the defendant was sued. Brown v. Lone Star Industries, et al., No. RG05-210447 (Calif. Super. Ct., Alameda Cty.).

The demurrer was filed July 15 in Alameda County Superior Court by Bob Schmidt Inc., one of several defendants named in the silica-related lawsuit of Chester L. Brown. Brown was among the more than three …