Judge: Nick A. Dourbetas, Case: 2022-01282012, Date: 2023-06-16 Tentative Ruling

1.    Demurrer to Amended Complaint

2.    Motion to Strike Portions Of Complaint

3.    Case Management Conference

Motion No. 1:

Defendant General Motors, LLC’s (defendant) demurrer to first amended complaint is OVERRULED.

Defendant shall answer the first amended complaint within 10 days.

The only claim at issue is the fourth cause of action for fraudulent inducement–concealment. Contrary to defendant’s contentions, the first amended complaint states facts sufficient in support of this claim, with the requisite specificity. (See Knox v. Dean (2012) 205 Cal.App.4th 417, 433 [elements]; Jones v. ConocoPhillips Co. (2011) 198 Cal.App.4th 1187, 1199 [specificity requirement is relaxed on a claim for fraud by omission, where the facts lie more in the knowledge of the opposite party; “ ‘ “How does one show ‘how’ and ‘by what means’ something didn't happen, or ‘when’ it never happened, or ‘where’ it never happened?”’ [Citations.]”]; see also ibid. [“[a]lthough typically a duty to disclose arises when a defendant owes a fiduciary duty to a plaintiff, a duty to disclose may also arise when a defendant possesses or exerts control over material facts not readily available to the plaintiff”]; LiMandri v. Judkins (1997) 52 Cal.App.4th 326, 336-337 [additional situations in which duty to disclose may arise]; FAC ¶¶ 3-5, 9, 12, 14, 16-17, 32-35, 119-129, 132-134, 137-139.)

Motion No. 2:

Defendant’s motion to strike portions of first amended complaint is DENIED.

A properly pled fraud claim will itself support recovery of punitive damages. (Stevens v. Superior Court (St. Francis Med. Ctr.) (1986) 180 Cal.App.3d 605, 610.)

*** CMC is continued to April 22, 2024 at 9 AM. ***

Defendant shall give notice of all the above.