Judge: Robert C. Longstreth, Case: 37-2024-00000805-CU-BC-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  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2024-00000805-CU-BC-CTL SOLLENBERGER VS GENERAL MOTORS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 02/09/2024

Defendant General Motors LLC's unopposed Demurrer to Plaintiff's Complaint (ROA 11) is SUSTAINED without leave to amend.

Defendant demurs to the fourth cause of action for Fraud – Fraudulent Inducement – Concealment on the grounds Plaintiff has not alleged facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10(e).) The court finds that the fraud claim lacks sufficient specificity and Plaintiff has not opposed the demurrer.

The court construes the lack of opposition as a concession that the claim is defective on the grounds stated in the demurrer and that the defects cannot be cured by amendment.

Defendant's unopposed Motion to Strike Punitive Damages from Plaintiff's Complaint (ROA 13) is also GRANTED without leave amend in light of the court's ruling sustaining the demurrer to Plaintiff's fraud claim.

Once confirmed, this ruling shall be the final ruling of the court and no further written order is required.

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