Pleadings and Demurrers

Question 1

Bockrath v. Aldrich Chemical Co.

Answer 1

P sues 55 defendants in an action for negligent exposure to cancer causing toxins while working at a plant. Plaintiff pleads in his complaint that he came into contact with most of the defendants’ products.

Defendants demurrer: not enough factual material to know which product caused what. Court agrees that Plaintiff’s allegations to causation were not sufficient

Rule: to survive a general demurrer, plaintiff must allege that each defendants conduct was a substantial factor in causing plaintiff’s injury (to successfully plead causation). This was not done here.

P needed to allege:

a. Each product that caused the injury
b. That plaintiff was exposed to each of the toxic materials
c. As a result of the exposure, toxins entered his body
d. That plaintiff suffered from a specific illness, and that each toxin that entered plaintiff’s body was a substantial factor in bringing about that illness, and
e. That each toxin that he absorbed was manufactured or supplied by a named defendant

The court also held that defendants’ demurrer could not sustained on the ground that plaintiff admitted that he lacked personal knowledge regarding the precise mechanism by which his injury occurred. This should not have been viewed as an admission that he could not identify which specific products caused his injuries.

Case remanded

Question 2

Doctrine of Less Particularity

Answer 2

A plaintiff’s allegations may be presented with less specificity so long as they provide notice to the defendant of the issues being presented where circumstances indicate that the defendant has superior knowledge of the particular facts

• Apply so that P is allowed to get in with a complaint that is less “particular” as it would otherwise be in a situation where there is symmetry of information
  ○ Should be evident when there is an asymmetry of information

Question 3

Pleadings in CA v Federal

Answer 3

Federal: Notice pleading – providing enough factual material to put defendant on notice

CA: fact pleading requirements:

  a. Statement of facts constituting the cause of action in ordinary and concise language
  b. Indication of damages sought, which pleader believes to be entitled

Question 4

What are the Two Types of Demurrers?

Answer 4

General Demurrer:
Lack of jurisdiction, failure to state a cause of action
No time constraints, unlike special demurrers (can file at any time)
Think: 12(b)(6) motion in federal rules

Special Demurrers:
The person who filed the pleading does not have the legal capacity to sue (Waived unless raised by special demurrer or affirmative defenses in answer)
The pleading is uncertain (i.e., ambiguous and unintelligible)

Question 5

What is included in a Pleading?

Answer 5

1. Claim
2. Indication of damages unless alleging Personal Injury
3. Caption
   a. Title of the caption
   b. Court/County
   c. Limited/Unlimited

Question 6

Timeline for Demurrers

Answer 6

• D has 30 days from service to file a special demurrer
• Party has 10 days from answer
• General Demurrer are not subject to 30 day requirement and can be filed up to trial
• General Demurrer is failure to state a claim or lack of jurisdiction