Austin v. Munich Re America Corp. CA4/2
Plaintiff and appellant, Ronald Austin, brought this action based on his purchase of solar panels from LDK Solar Tech USA, Inc. (LDK). The solar panels allegedly came with a performance warranty. Defendants and respondents, Munich Re America Corporation and Munich Reinsurance America, Inc. (collectively, Munich), allegedly insured LDK’s performance warranties. After Austin’s solar panels failed to perform as guaranteed, Austin sued Munich under a number of contract- and warranty-based theories, as well as under several statutory schemes. (LDK is also a defendant but is not a party to this appeal.) Munich demurred to all 12 causes of action in the first amended complaint (FAC), and the trial court sustained it in part and overruled it in part. Austin then sought a judgment of dismissal so that he could seek immediate review of the court’s ruling.
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