California Court of Appeal

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Dye v. Caterpillar, Inc., A127191

In a products liability action alleging that exposure to silica contained in defendants' defective products are the cause of plaintiff's pulmonary diseases, judgment of the trial court dismissing fifth, amended complaint as untimely, Code of Civil Procedure section 472b, is reversed because the 30-day time limit contained in section 472b is not applicable where amended complaint was filed 108 days after notice of the issuance of appellate remittitur.

Appellate Information

  • Decided 05/27/2011
  • Published 05/27/2011

Judges

  • Bruiniers

Court

  • California Court of Appeal

Counsel