Judge: Michael Small, Case: 24STCV23498, Date: 2025-04-29 Tentative Ruling

Case Number: 24STCV23498    Hearing Date: April 29, 2025    Dept: 57

The Court is overruling Defendant's demurrer to Plaintiff's negligence claim.  In the Court's view, Plaintiff's complaint adequately alleges the elements of negligence, including the element of duty.  Specifically, as alleged, Defendant's duty to Plaintiff to exercise reasonable care arose as a result of Defendant's remodeling and renovation of the property that Defendant owned and sold to Plaintiff.  The complaint sufficiently alleges that Defendant breached that duty, and that the breach proximately caused Plaintiff's asserted injuries.

The Court is sustaining with leave to amend Defendant's demurrer to Plaintiff's claim for breach of the contract between Plaintiff and Defendant for the sale of the property in question.  Plaintiff alleges that Defendant failed to make required disclosures.   The contract is attached to the Plaintiff's complaint. The contract shows, contrary to Plaintiff's allegations, that Defendant made the disclosures that Plaintiff says Defendant did not make, including disclosures regarding inspections that Defendant did not undertake, leaving it to Plaintiff to undertake them.

The Court is sustaining with leave to amend Defendant's demurrer to Plaintiff's claim for breach of the implied covenant of good faith and fair dealing.  That claim falls with the breach of contract claim to which the Court is sustaining the demurrer with leave to amend.