Judge: Robert P. Dahlquist, Case: 37-2022-00037325-CU-BC-NC, Date: 2023-08-28 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - August 28, 2023

08/28/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2022-00037325-CU-BC-NC HOLCOMBE HOMES INC VS. ZALKIN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 06/22/2023

Cross-defendant Holcombe Homes, Inc.'s demurrer to the second cause of action in the first amended cross-complaint (ROA # 56) is overruled. The motion to strike (ROA # 51) is denied.

At this stage of the case, the court is required to liberally construe the allegations of the complaint, with a view to substantial justice between the parties. CCP § 452. Claims for fraud must be pled with specificity. The court believes that the allegations in the amended cross-complaint are sufficiently specific to state a cognizable claim for fraud.

The motion to strike the request for punitive damages is denied. Cross-complainants have alleged facts that are sufficient at this stage of the case to support a request for punitive damages against this corporate cross-defendant. See Civil Code § 3294(b) ['With respect to a corporate employer, the advanced knowledge and conscious disregard, authorization, ratification or an act of oppression, fraud or malice must be on the part of an officer, director or a managing agent of a corporation.'].

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Monday, August 28, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of August 28, 2023. If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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