Dye v. Caterpillar, Inc.

*1369Opinion

BRUINIERS, J.

Donald W. Dye and his wife, Valerie (hereafter the Dyes), allege that Donald suffered from silicosis and other pulmonary diseases as a result of exposure to silica in his use of defendants’ defective products.1 In a prior unpublished opinion on consolidated appeals (Dye v. Caterpillar (Nov. 17, 2008, A114948, All6022)), this court reversed orders sustaining demurrers, without leave to amend, to the Dyes’ third and fourth amended complaints. On remand, the Dyes filed a fifth amended complaint 108 days after the clerk of this court mailed notice of the issuance of…