DEMURRER TO 1ST AMENDED COMPLAINT

Matter on calendar for Friday, November 13, 2015, Line 6, DEFENDANT C.R. BARD, INC., DAVOL, INC. DEMURRER TO 1ST AMENDED COMPLAINT.

Demurrer sustained, with ten days leave to amend. The question of whether a plaintiff who has failed to state a cause of action should be given leave to amend his or her complaint is entrusted to the discretion of the trial court. (CCP ? 472a(c).) The court sustains Defendants' demurrer to the amended form complaint, with ten days leave to amend, to provide Plaintiff with the opportunity to state specifically the grounds upon which he asserts his strict products liability claim against C.R. Bard, Inc. and to allege facts that support a strict products liability claim based on a theory of defective manufacturing or on the theory that the defendant distributed the product without adequate warnings. The demurrer is also sustained, with ten days leave to amend, to provide Plaintiff with an opportunity to allege facts tha