Judge: Robert P. Dahlquist, Case: 37-2023-00007269-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 37-2023-00007269-CU-BC-NC NODELMAN VS. VOLKSWAGEN GROUP OF AMERICA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 06/13/2023

Defendant Volkswagen Group of America's demurrer (ROA # 12) is overruled. Defendant shall file an answer by September 12, 2023.

The special demurrer is overruled on the following grounds: (a) where a demurrer is made for uncertainty, it must specify exactly how or why the pleading is uncertain, and where such uncertainty appears (by reference to page and line numbers of the complaint) See Fenton v. Groveland Community Services Dist. (1982) 135 Cal.App.3d 797, 809 and (b) the fifth cause of action does not appear to be uncertain.

Turning to the general demurrer, 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. The court should sustain a demurrer only if the facts alleged in the complaint, liberally construed, are insufficient to constitute any cognizable cause of action. The court is not persuaded that this standard is satisfied here. Specifically, the court believes that the allegations set forth in the amended complaint are sufficient at this stage of the case to state a cognizable claim for a violation of Business and Professions Code § 17200.

Further, the court further finds that plaintiff is permitted to pursue alternative theories of liability at this stage of the case. Adams v. Paul (1995) 11 Cal.4th 583, 593 ['a party may plead in the alternative and may make inconsistent allegations'].

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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