Judge: William Y. Wood, Case: 37-2024-00004519-CU-BC-NC, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - May 16, 2024

05/17/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:William Y Wood

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2024-00004519-CU-BC-NC KOCHAR VS MASERATI NORTH AMERICA, INC. [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 03/04/2024

Defendant Maserati North America, Inc.'s ('MNA') demurrer to the Complaint of Plaintiff Prerna Kochar ('Plaintiff') (ROA # 9) is overruled.

MNA's special demurrer for uncertainty 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, ambiguous, or vague.

MNA's general demurrer for failure to state facts sufficient to constitute a cause of action is also overruled. At the pleading 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. (Code Civ. Proc. § 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 Complaint are sufficient, at this stage of the case, to state a cognizable claim for a violation of Business and Professions Code § 17200, et seq.

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'].) MNA shall file and serve an Answer no later than June 7, 2024.

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