Motions: Defendant Syngenta Seeds LLC’s Demurrer to portions of the
Second Amended Complaint
Defendant Syngenta Seeds LLC’s Motion to Strike the Second
Amended Complaint
Tentative Ruling:
To sustain defendant’s demurrer in its entirety to causes of action one, two, three and four within the second amended complaint.
Defendant’s motion to strike is off calendar as no moving papers were filed. Plaintiff is granted ten days leave to amend. All changes must be in bold. The time in which an amendment may be filed will run from service by the clerk of the minute order.
Explanation:
Defendant Syngenta Seeds, LLC demurs to the following causes of action: (1) negligence (production and delivery of defective seed); (2) negligence (sale of old seed); (3) negligent misrepresentation; and (4) intentional misrepresentation. Defendant argues that the damages which plaintiff seeks to recover based upon these claims are purely economic thus they are barred by the economic loss rule. This argument is ad