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Jul. 5, 2023

Demurrer on foul odor case denied because it’s a master complaint

“This is a master complaint; requiring the same level of specificity that would be required in an individual complaint would defeat the purpose of the master complaint process,” wrote Los Angeles County Superior Court Judge David S. Cunningham.

The Los Angeles judge presiding over the Dominguez Channel odor case has overruled Marathon Petroleum’s demurrer to two claims against it, saying that the levels of specificity for individual complaints are relaxed for master complaints, where it is more efficient to flesh out details during discovery.

In his June 29 order, Superior Court Judge David S. Cunningham said that he agreed with plaintiffs’ contentions that it is improper at the ...

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