Judge: Robert P. Dahlquist, Case: 37-2023-00036481-CU-FR-NC, Date: 2024-01-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - January 30, 2024

01/31/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Fraud Demurrer / Motion to Strike 37-2023-00036481-CU-FR-NC NAZAR VS AUTOCLAIMS DIRECT, INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 12/26/2023

Defendants' demurrer (ROA # 13) is overruled. Defendants shall file an answer by February 15, 2024.

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 is unable to determine, on this limited record, that the fraud claim fails. See Persson v. Smart Inventions, Inc.

(2005) 125 Cal.App.4th 1141, 1147 [a party alleging that he/she has been induced by false representations to execute a contract has the 'option of rescinding the contract or affirming it and recovering damages.']; see also Sime v. Malouf (1949) 95 Cal.App.2d 82.

As the case progresses, the defendants may continue to assert, by way of pre-trial motions and at trial, the arguments and defenses presented by this demurrer.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Wednesday, January 31, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of January 31, 2024. 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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