GD Searle & Co. v. Superior Court

Fitzwilliam, Memering, Stumbos & DeMers, Douglas Drake and John R. Weber for Real Party in Interest.

OPINION

FRIEDMAN, J.

This is one of the exceptional cases justifying a mandamus action to review a ruling on demurrer. ( Babb v. Superior Court (1971) 3 Cal.3d 841, 851 [ 92 Cal. Rptr. 179 , 479 P.2d 379 ].)

Petitioner G.D. Searle & Company (Searle), a pharmaceutical manufacturer, is a defendant in a superior court action brought by Sandra Kay Seaton (plaintiff). Plaintiff sues Searle together with Ortho Pharmaceutical Corporation (Ortho) and a doctor, alleging pathological effects caused by oral contraceptives manufactured and sold by the two drug firms. The amended complaint is drawn in three counts. The first count is framed on a theory which appears to combine elements of strict liability, fraud and failure to warn; it contains allegations designed to justify general and exemplary damages. The second count, sounding in negligence, supplies an alternative basis for the general damage claim. The third count is aimed at the doctor, not at the pharmaceutical firms, and is not involved here.

(1a) Searle filed a general and special demurrer aimed at (a) sufficiency of the…