Judge: Steven J. Kleifield, Case: 22STCV12174, Date: 2023-03-20 Tentative Ruling

Case Number: 22STCV12174    Hearing Date: March 20, 2023    Dept: 57

Razo v. American Honda Motor Co. 22STCV12174
Tentative Ruling on Defendant's Demurrer and Motion to Strike


Defendant's demurrer to the fraud claim in Plaintiff's third amended complaint  is overruled.  Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828 supports Plaintiff's argument in opposition to the demurrer that there are sufficient allegations underpinning the fraud claim and that the economic loss rule does not foreclose the claim.

Defendant's motion to strike targets the allegations related to the fraud claim in the third amended complaint.  Because the allegations are sufficient to support the fraud claim, the motion to strike is denied.