Tentative ruling in department B on Aug. 31, 2023 in Marin County, CA - Case no: xxxxx089

DATE: 08/30/23 TIME: 1:30 P.M. DEPT: B CASE NO: CV2201089
PRESIDING: HON. JAMES T. CHOU
REPORTER: CLERK: JOEY DALE
PLAINTIFF: JAMES KARL
Vs.
DEFENDANT: ZIMMER BIOMET
HOLDINGS, INC., ET AL
NATURE OF PROCEEDINGS: DEMURRER — OTHER: TO PLAINTIFF’S FIRST
AMENDED COMPLAINT
RULING
Defendant Zimmer US, Inc.’s demurrer to the First, Second, Third, Fourth, and Sixth
Causes of Action is overruled. The demurrer to the Fifth, Seventh, and Eighth Causes of Action
is sustained with leave to amend.
Procedural Deficiency
The Court draws Defendant’s attention to Local Rule 2.8(C)2, which requires attachment
of the operative pleading as an exhibit to the demurrer.
Allegations in the First Amended Complaint
Plaintiff was the class representative in a class action lawsuit filed against Defendants in
the U.S. District Court, Northern District of California, Case No. 18cv4176-WHA (the “Class
Action”), in which ….....