Judge: Jon R. Takasugi, Case: 21STCV23936, Date: 2022-10-03 Tentative Ruling

Case Number: 21STCV23936    Hearing Date: October 3, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

                 Defendant’s motion for a judgment on the pleadings as to the common counts and fraud causes of action is GRANTED, WITHOUT LEAVE TO AMEND.

On 6/28/2021, self-represented Plaintiff Sonya Howard (Plaintiff) filed suit against General Motors Company alleging violations of the Beverly-Song Consumer Warranty Act.

Now, Defendant moves for a judgment on the pleadings as to the second and third causes of action.

Discussion

Defendant argues that Plaintiff cannot state a claim for common counts or fraud because the fraud cause of action is barred by the economic loss rule, and the common counts claim is duplicative of that claim. 

            As for the first contention, the economic loss doctrine precludes recovery in tort where a plaintiff’s damages consist solely of alleged economic losses. (Seely v. White Motor Co. (1965) 63 Cal.2d 9, 17-18.) The rule “prevents the law of contract and the law of tort from dissolving one into the other” by preventing recovery in tort for the breach of a contract when there has not been the breach of a duty other than the duties arising from the contractual obligations. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) Examples of damages that go beyond economic loss – and to which the economic loss rule therefore does not apply – include personal injuries and damage to other property that result from the defective product. (Sacramento Regional Transit Dist. v. Grumman Flxible (1984) 158 Cal.App.3d 289, 295.) However, consequential damages such as lost profits or income that flow from the damage to the product itself are considered economic losses, and a plaintiff therefore cannot recover for them in tort. (East River Steamship Corporation v. Transamerica Delaval, Inc. (1986) 476 U.S. 858, 872-873.) 

Here, Plaintiff does not allege any damages or harm beyond the decision to buy the vehicle. As such, Plaintiff has not allege harm above and beyond a broken contractual promise, and thus has not alleged harms which has “traditionally been remedied by resort to the law of torts”. (Food Safety Net Services v. Eco Safe Systems USA, Inc.  (2012) 209 Cal.App.4th 1118, 1130; Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.)

As for the second contention, Plaintiff’s common count cause of action is based on allegations that Defendant is indebted to her “[f]or selling me a defected [sic] vehicle that I would have to pay out of pocket in order for dealership to look at vehicle.” (See Complaint, p. 5.) The Court agrees that this claim is duplicative of the fraud cause of action (which is in turn duplicative of the breach of contract claims). As such, it fails for the same reason.

Based on the foregoing, Defendant’s motion for a judgment on the pleadings as to the common counts and fraud causes of action is granted, without leave to amend.

It is so ordered.

Dated:  October    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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