Judge: James A. Mangione, Case: 37-2022-00038967-CU-BC-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2022-00038967-CU-BC-CTL MICHEL VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant General Motors LLC's Demurrer is sustained with leave to amend.

'[W]hen the relevant facts are not clear such that the cause of action might be, but is not necessarily, time-barred, the demurrer will be overruled. Thus, for a demurrer based on the statute of limitations to be sustained, the untimeliness of the lawsuit must clearly and affirmatively appear on the face of the complaint and matters judicially noticed.' (Schmier v. City of Berkeley (2022) 76 Cal.App.5th 549, 554 (alterations and quotation marks omitted).) ''A party claiming fraud must plead facts which show how, when, where, to whom, and by what means the representations were tendered.'' (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73.) 'The requirement of specificity in a fraud action against a corporation requires the plaintiff to allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written.' (Tarmann v. State Farm Mut. Auto. Ins.

Co. (1991) 2 Cal.App.4th 153, 157.) Less specificity is required when it appears from the nature of the allegations that the defendant must necessarily possess full information concerning the facts of the controversy. (Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 216.) The elements of fraudulent concealment are (1) defendant concealed or suppressed a material fact; (2) defendant was under a duty to disclose the fact to the plaintiff; (3) defendant intentionally concealed or suppressed the fact with the intent to defraud the plaintiff; (4) plaintiff was unaware of the fact and would not have acted in the same way knowing of the concealed or suppressed fact; (5) causation; and (6) the plaintiff sustained damage. (Lovejoy v. AT&T Corp. (2001) 92 Cal. App. 4th 85, 96.) 'In transactions which do not involve fiduciary or confidential relations, a cause of action for non-disclosure of material facts may arise in at least three instances: (1) the defendant makes representations but does not disclose facts which materially qualify the facts disclosed, or which render his disclosure likely to mislead; (2) the facts are known or accessible only to defendant, and defendant knows they are not known to or reasonably discoverable by the plaintiff; (3) the defendant actively conceals discovery from the plaintiff.' (Bigler-Engler v. Breg, Inc. (2017) 7 Cal.App.5th 276, 311 (quotation marks omitted).) Here, Plaintiff concedes that he has failed to allege the required transactional relationship. However, his opposition has requested leave to amend the complaint to include facts alleging this relationship based on 'information retrieved from the Office of Mark Church Assessor-County Clerk-Recorder & Chief Election Officer County of Mateo.' (ROA 52, pgs. 3, 6.) The Court finds it is proper to grant leave under these circumstances. Furthermore, the Court finds that the fraudulent concealment claim is not Calendar No.: Event ID:  TENTATIVE RULINGS

2952542  19 CASE NUMBER: CASE TITLE:  MICHEL VS GENERAL MOTORS LLC [IMAGED]  37-2022-00038967-CU-BC-CTL necessarily time-barred because the First Amended Complaint alleges sufficient facts to show that the delayed discovery rule may apply. (FAC ¶¶ 60-77; see Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797, 806–807 ('An important exception to the general rule of accrual is the 'discovery rule,' which postpones accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action.' (quotation marks omitted)).) Based on the Court's ruling on Defendant's demurrer, the motion to strike is granted with leave to amend.

The minute order is the order of the Court.

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2952542  19