Judge: Linda S. Marks, Case: 2021-01227759, Date: 2022-09-21 Tentative Ruling

1. Motion to Quash Service of Summons
2. Demurrer to Cross-Complaint filed by Truxas Sales, Inc. on 4/1/22
3. Case Management Conference

Quash Service of Summons

Truxas has purposefully availed itself of the benefits of this forum by engaging in sales of trucks her and agreeing to deliver the subject truck to Emilio; Truxas does not claim that jurisdiction here will violate the notions of fair play and substantial justice; Truxas is subject to specific personal jurisdiction here; Deny motion to quash.

Demurrer to Cross-Complaint [by Truxas]

The allegations of the cause of action for fraud satisfy the elements of a fraud cause of action; Overrule as to Fraud cause of action;

The allegations of the breach of contract cause of action satisfy each element thereof; Overrule as to Breach of Contract cause of action;

Cross-Defts do not dispute that Benita was not a party to the

contract or a named beneficiary thereof; Cross-Complainants do not contend that they could amend the Cross-Complaint to add new allegations that would support a cause of action for breach of contract by Benita; Sustain as to the Breach of Contract cause of action to the extent it is alleged by Benita;

Grant Cross-Defts leave to amend to add the new cause of action in their amended cross-complaint;

Rescission is not a cause of action; it is a remedy; Sustain as this cause of action with 20 days leave to amend;