Judge: Erick L. Larsh, Case: 2023-01306689, Date: 2023-08-17 Tentative Ruling

Defendant Ken Grody Ford’s demurrer to the 3^rd cause of action for negligent repair asserted by plaintiff Kelvin Dominguez is sustained with ten (10) days leave to amend.

Although plaintiff has alleged each element of a claim for negligent repair, he has also alleged Moving Party’s duty to plaintiff arose “out of the warranty obligations of FORD in connection with a motor vehicle for which FORD issued a written warranty.”  (First Amended Complaint, paragraph 5.)  As such, the claim is barred by the economic loss rule.  (See Sheen v. Wells Fargo Bank, N.A. (2022) 12 Cal.5th 905, 915.)