Judge: Marcella O. Mclaughlin, Case: 37-2023-00051557-CU-PL-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Product Liability Demurrer / Motion to Strike 37-2023-00051557-CU-PL-CTL BAKKE VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 01/10/2024

1. DEMURRER The demurrer to the complaint is SUSTAINED in part and OVERRULED in part.

A. The demurrer to count 1 is sustained with leave to amend.

The statute of limitations for a claim of fraud is three years from accrual. Code Civ. Proc. § 338(d). A cause of action for fraud accrues upon discovery of the fraud by the aggrieved party. Akhlaghpour v. Orantes (2022) 86 Cal.App.5th 232, 255. However, 'if an action is brought more than three years after commission of the fraud, plaintiff has the burden of pleading and proving that he did not make the discovery until within three years prior to the filing of his complaint.' Hobart v. Hobart Estate Co. (1945) 26 Cal.2d 412, 437. To excuse failure to discover the fraud within three years after its commission, a plaintiff also must plead 'facts showing that he was not negligent in failing to make the discovery sooner and that he had no actual or presumptive knowledge of facts sufficient to put him on inquiry.' Id. Here, plaintiff alleges that he leased the vehicle on September 11, 2020 and it was delivered to him with 'serious defects.' (FAC at ¶¶ 9-10.) Although plaintiff alleges that he first discovered the defects after August 20, 2021, he has failed to plead any facts showing 'that he was not negligent in failing to make the discovery sooner and that he had no actual or presumptive knowledge of facts sufficient to put him on inquiry.' Hobart, 26 Cal.2d at 437. Thus, the court finds that plaintiff has not alleged sufficient facts to support application of the discovery rule so as to avoid the bar of the three-year statute of limitations.

B. The demurrer to count 2 is overruled.

The UCL claim is not untimely. See Bus. & Prof. Code § 17208. Moreover, causes of action under the UCL need only be stated with 'reasonable particularity.' Gutierrez v. Carmarx Auto Superstores California (2018) 19 Cal.App.5th 1234, 1261. In this case, the court finds that sufficient facts have been pled with reasonable particularity to state a claim under the UCL and establish plaintiff's standing. (See Complaint at ¶¶ 14, 25, 27-28, 38-39, 44.) 2. MOTION TO STRIKE The motion to strike the complaint is GRANTED with leave to amend.

Insufficient facts have been pled to establish oppression, fraud, or malice within the meaning of Civil Calendar No.: Event ID:  TENTATIVE RULINGS

3075397  20 CASE NUMBER: CASE TITLE:  BAKKE VS GENERAL MOTORS LLC [IMAGED]  37-2023-00051557-CU-PL-CTL Code section 3294(c). As discussed above, plaintiff has not adequately alleged intentional misrepresentation or concealment for purposes of 'fraud.' As for 'oppression' and the second prong of 'malice,' the facts pled do not show 'despicable conduct' – i.e., conduct that is 'so vile, base, or contemptible that it would be looked down on and despised by reasonable people.' CACI 3940. Finally, there are no facts showing an intent to injure plaintiff, as required for the first prong of 'malice.' 3. LEAVE TO AMEND 'Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been given.' Angie M. v. Superior Court (1995) 37 Cal.App.4th 1217, 1227. Accordingly, plaintiff is granted leave to amend count 1 and the claim for punitive damages. The first amended complaint must be filed and served by May 6, 2024.

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