Judge: Robert B. Broadbelt, Case: 22STCV13066, Date: 2024-01-09 Tentative Ruling

Case Number: 22STCV13066    Hearing Date: January 9, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant General Motors LLC        

RESPONDING PARTY:       Plaintiff Ken Rickerman

(1)   Demurrer to First Amended Complaint

(2)   Motion to Strike Punitive Damages

The court considered the moving, opposition, and reply papers filed in connection with the demurrer and motion to strike.

BACKGROUND

Plaintiff Ken Rickerman (“Plaintiff”) filed the operative First Amended Complaint in this action on December 6, 2022, against defendant General Motors LLC (“Defendant”).  Plaintiff alleges five causes of action against Defendant for (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of the implied warranty of merchantability; and (5) fraudulent inducement – concealment.

Defendant now moves the court for an order (1) sustaining its demurrer to the fifth cause of action for fraudulent inducement – concealment, and (2) striking from the First Amended Complaint the prayer for punitive damages.

DEMURRER

The court overrules Defendant’s demurrer to the fifth cause of action for fraudulent inducement – concealment because it states facts sufficient to constitute a cause of action since Plaintiff has sufficiently alleged, for purposes of demurrer, that (1) Defendant concealed material facts relating to the battery defects in the subject vehicle (FAC ¶¶ 26, 82); (2) Defendant knew of the battery defect through sources not available to consumers like Plaintiff (FAC ¶¶ 27, 30, 32, 89) and omitted the defect in its sales materials and advertisements (FAC ¶¶ 35, 36), such that Defendant had a duty to disclose those facts because (i) it had exclusive knowledge thereof, and (ii) there was a transactional relationship between Plaintiff and Defendant; (3) Defendant intentionally concealed the battery defects (FAC ¶ 90); (4) had Plaintiff known of the battery defects, Plaintiff would not have purchased the vehicle (FAC ¶¶ 9, 91); and (5) Plaintiff has been damaged by the concealment (FAC ¶ 93).  (Code Civ. Proc., § 430.10, subd. (e); Hambrick v. Healthcare Partners Medical Group, Inc. (2015) 238 Cal.App.4th 124, 162 [elements of cause of action for fraudulent concealment]; Bigler-Engler v. Breg, Inc. (2017) 7 Cal.App.5th 276, 311 [one circumstance in which nondisclosure or concealment constitutes fraud is “when the defendant had exclusive knowledge of material facts not known to the plaintiff”]; Apollo Capital Fund, LLC v. Roth Capital Partners, LLC (2007) 158 Cal.App.4th 226, 242 [“‘ “[T]he courts should not . . . seek to absolve the defendant from liability on highly technical requirements of form in pleading.  Pleading facts in ordinary and concise language is as permissible in fraud cases as in any others, and liberal construction of the pleading is as much a duty of the court in these as in other cases” ’”].)

MOTION TO STRIKE

Defendant moves the court for an order striking from the First Amended Complaint the prayer for punitive damages.  (FAC, p. 16, Prayer, subd. (e).)

The court denies Defendant’s motion to strike because Plaintiff has pleaded facts establishing that Defendant has been guilty of fraud.  (Code Civ. Proc., § 436; Civ. Code, § 3294, subd. (a).)

ORDER

The court overrules defendant General Motors LLC’s demurrer to plaintiff Ken Rickerman’s fifth cause of action for fraudulent inducement – concealment.

The court denies defendant General Motors LLC’s motion to strike.

The court orders defendant General Motors LLC to file an answer to plaintiff Ken Rickerman’s First Amended Complaint within 10 days from the date of this order.

The court orders plaintiff Ken Rickerman to give notice of this ruling.

IT IS SO ORDERED.

DATED:  January 9, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court