Judge: Glenn R. Salter, Case: 21-1236393, Date: 2023-07-27 Tentative Ruling

Demurrer

The demurrer of defendant to the fifth cause of action of the second amended complaint is SUSTAINED without leave to amend.

This is a Lemon Law case.  The court finds that the plaintiff has not stated a claim for fraudulent inducement and concealment against the manufacturer because it is barred by the economic loss rule.

The plaintiff disagrees, relying on a contrary holding in the case of Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828.

However, the California Supreme Court granted review in that case and thus its holding is limited to its persuasive value, if any.  This court does not find the analysis in Dhital persuasive.  Further, the application of the economic loss rule in this type of situation is before our Supreme Court in another case.

Motion to Strike

The motion of defendant to strike the punitive damages allegations of the complaint, and the allegations of prejudgment interest is GRANTED in part and DENIED in part.

There are no allegations that would support a claim of malice, oppression, or fraud, and thus the request to strike the claim for punitive damages is GRANTED.

As for the claim for prejudgment interest, that is not a matter that can be resolved by motion.  It will have to wait until judgment has been entered and the elements for prejudgment interest have either been shown or not, and thus that part of the motion to strike is DENIED.

Notice

The defendant shall give notice.