Platte Anchor Bolt, Inc. v. IHI, INC.

ORDER

This case concerns responsibility for the installation of defective, bolts resulting in the delay of a bridge construction project. Defendant and cross-claimant IHI, Inc (IHI) is a subcontractor for that project and has filed a cross-claim against its co-defendant SLSB, LLC dba St Louis Screw & Bolt and Haydon Bolts, Inc (collectively, SLSB), the supplier of the bolts. SLSB now moves the court to: (1) dismiss one of IHI’s cross-claims pursuant to FRCP 12(b)(6); and (2) strike IHI’s prayer for attorney fees pursuant to FRCP 12(f). SLSB seeks to dismiss the cross-complaint’s third claim for negligence on the ground that this claim is not independent from the contract between the parties, does not arise from intentional misconduct and claim economic injury that is not recoverable on a tort theory under Seely v. White Motor Co., 63 Cal.2d 9 , 45 Cal.Rptr. 17 , 403 P.2d 145 (1965). For the reasons stated below, both of SLSB’s motions are DENIED (Docs. ## 72-74).

I

A

The following facts are taken largely from IHI’s amended cross-claim (Doc # 49). The State of California Transportation Department’s general contractor (referred to by the parties as the Joint Venture) recently…