Patrick Warnshuis v. Amazon.Com, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 PATRICK WARNSHUIS, CASE NO. 1:19-CV-1454 AWI BAM
Plaintiff
ORDER ON DEFENDANT’S MOTION
v. TO DISMISS AND PLAINTIFF’S
MOTION TO AMEND
BAUSCH HEALTH U.S., LLC f/k/a Valeant Pharmaceuticals North America, LLC, et al., (Doc. Nos. 21, 26)
Defendants
13 14 This is a products liability case brought by Plaintiff Patrick Warnshuis (“Warnshuis”) against the manufacturer, distributor, and seller of “Ocean Saline Nasal Spray.” The matter was removed from the Fresno County Superior Court. In the Second Amended Complaint (“SAC”), Warnshuis alleges state law claims for strict products liability, negligent products liability, and breach of warranty. Currently before the Court is Defendant Bausch Health U.S., LLC’s (“Bausch”) motion to dismiss and Warnshuis’s motion to amend. For the reasons that follow, Bausch’s motion will be granted in part and denied in part, and Warnshuis’s motion will be granted in part. 23 …