On August 10, 2018 a
Court Notice
was filed
involving a dispute between
Virginia Sarabian,
and
Syngenta Seeds, Llc, A Limited Liability Company,
Ts&L Seed Company,
for civil
in the District Court of Fresno County.
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6 RECEIVED VIA EFILE
12/18/2018 12:08 PM
7 FRESNO COUNTY SUPERIOR COURT
By: M. Sanchez, Deputy
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF FRESNO
10 VIRGINIA SARABIAN dba SARABIAN ) Case No. 18CECG02994
FARMS, )
11 Plaintiffs, ) Assigned to Hon. Rosemary McGuire,
) Dept. 403
12 v. )
) [PROPOSED] ORDER SUSTAINING
13 SYNGENTA SEEDS, LLC, a limited ) SYNGENTA SEEDS, LLC’S
liability company; TS&L SEED ) DEMURRER TO SECOND
14 COMPANY, and Does 1 through 50, ) AMENDED COMPLAINT
inclusive, )
15 )
Defendants. ) Filed Concurrently With:
16 ) (1) Notice of Demurrer and
) Demurrer;
17 ) (2) Mem. P&A ISO Demurrer; and
) (3) Declaration of Kara Persson
18 )
) Date: January 23, 2019
19 ) Time: 3:30 p.m.
) Dept.: 403
20 )
21 On January 23, 2019, at 3:30 p.m., the Court held a hearing on defendant Syngenta
22 Seeds, LLC’s (“Syngenta”) demurrer to Plaintiff’s Second Amended Complaint (“SAC”).
23 After consideration of the parties’ moving, opposing, and reply briefs and supporting
24 declarations, as well as counsel’s oral argument during the hearing on the demurrer, the Court
25 hereby orders as follows:
26 Syngenta’s demurrer is SUSTAINED as to Plaintiff’s first cause of action for negligence,
27 second cause of action for negligence, third cause of action for negligent misrepresentation, and
28 fourth cause of action for intentional misrepresentation, all of which are barred by the economic
1143929/41947090v.1
-1-
[PROPOSED] ORDER SUSTAININING SYNGENTA SEEDS, LLC’S DEMURRER TO SECOND AMENDED
COMPLAINT
1 loss rule. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988; Code of
2 Civ. Proc. § 430.10, subd. (e).)
3 The Court further finds that it would be futile to grant leave to amend. Accordingly,
4 leave to amend is DENIED.
5 IT IS SO ORDERED:
6 Date: _____________________ By:______________________________________
7 Judge of the Superior Court
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[PROPOSED] ORDER SUSTAININING SYNGENTA SEEDS, LLC’S DEMURRER TO SECOND AMENDED
COMPLAINT
Document Filed Date
December 18, 2018
Case Filing Date
August 10, 2018
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1 2 3 4 5 6 RECEIVED VIA EFILE 12/18/2018 12:08 PM 7 FRESNO COUNTY SUPERIOR COURT By: M. Sanchez, Deputy 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF FRESNO 10 VIRGINIA SARABIAN dba SARABIAN ) Case No. 18CECG02994 FARMS, ) 11 Plaintiffs, ) Assigned to Hon. Rosemary McGuire, ) Dept. 403 12 v. ) ) [PROPOSED] ORDER SUSTAINING 13 SYNGENTA SEEDS, LLC, a limited ) SYNGENTA SEEDS, LLC’S liability company; TS&L SEED ) DEMURRER TO SECOND 14 COMPANY, and Does 1 through 50, ) AMENDED COMPLAINT inclusive, ) 15 ) Defendants. ) Filed Concurrently With: 16 ) (1) Notice of Demurrer and ) Demurrer; 17 ) (2) Mem. P&A ISO Demurrer; and ) (3) Declaration of Kara Persson 18 ) ) Date: January 23, 2019 19 ) Time: 3:30 p.m. ) Dept.: 403 20 ) 21 On January 23, 2019, at 3:30 p.m., the Court held a hearing on defendant Syngenta 22 Seeds, LLC’s (“Syngenta”) demurrer to Plaintiff’s Second Amended Complaint (“SAC”). 23 After consideration of the parties’ moving, opposing, and reply briefs and supporting 24 declarations, as well as counsel’s oral argument during the hearing on the demurrer, the Court 25 hereby orders as follows: 26 Syngenta’s demurrer is SUSTAINED as to Plaintiff’s first cause of action for negligence, 27 second cause of action for negligence, third cause of action for negligent misrepresentation, and 28 fourth cause of action for intentional misrepresentation, all of which are barred by the economic 1143929/41947090v.1 -1- [PROPOSED] ORDER SUSTAININING SYNGENTA SEEDS, LLC’S DEMURRER TO SECOND AMENDED COMPLAINT 1 loss rule. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988; Code of 2 Civ. Proc. § 430.10, subd. (e).) 3 The Court further finds that it would be futile to grant leave to amend. Accordingly, 4 leave to amend is DENIED. 5 IT IS SO ORDERED: 6 Date: _____________________ By:______________________________________ 7 Judge of the Superior Court 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- [PROPOSED] ORDER SUSTAININING SYNGENTA SEEDS, LLC’S DEMURRER TO SECOND AMENDED COMPLAINT