Judge: Kimberly Knill, Case: 30-2022-01288224-CU-BC-CJC, Date: 2023-05-19 Tentative Ruling

Defendant’s Demurrer to Plaintiff’s Complaint

The Demurrer of Defendants, James Edward Cooper and Cooper Contracting, LLC to the Complaint is OVERRULED.

The elements of a fraud cause of action are: (1) misrepresentation (false representation, concealment, or omission); (2) knowledge of falsity; (3) intent to induce reliance; (4) justifiable reliance; and (5) resulting damage. (Davis v. Southern California Edison Co. (2015) 236 Cal.App.4th 619.)

Liberally construing the Complaint, the Complaint sufficiently alleges at paragraphs 14-16 and 18 that Defendants fraudulently induced Plaintiffs to enter into a contract for home renovation for Plaintiffs’ home. Fraudulent inducement is a recognized exception to the economic loss rule pursuant to Robinson Helicopter Co. v. Dana Corp. (2004) 34 Cal.4th 979, 988.

Defendants to file an Answer within 5 court days.

Plaintiffs to give notice.

Defendant’s Motion to Strike Portions of Plaintiff’s Complaint

Defendants’ Motion is denied as to item 1 because the Complaint’s allegations that Defendants “negligently and carelessly performed the work” are not irrelevant, false, or improper.

Defendants’ Motion is denied as to item 2 in light of the court’s ruling on Defendants’ Demurrer to the Complaint. A cause of action for fraud supports a prayer for punitive damages.

Plaintiffs to give notice.