December 31, 2014
CPA Claim Against Engineer Dismissed
By John Parnass
The Western District recently granted a motion to dismiss a Consumer Protection Act (“CPA”) claim that had been brought by a subcontractor against a design engineer arising from a project to install a gravity sewer pipeline for a utility district. The Court also denied the subcontractor’s motion for leave to file an amended CPA claim, stating it was “futile” to allow a new pleading because there was no plauisible CPA claim to be made. You can read the Order here (Pacific Boring Order).
The District Court also dismissed (for lack of jurisdiction) the subcontractor’s declaratory judgment cause of action. In this cause of action, the subcontractor had asked the Court to declare that certain Geotechnical Baselines used in the Contract Dcouments for the Project violated engineering standards.