Demurrer CLMCal. Super. - 2nd Dist.March 1, 2019123 Judge SUPERIOR COURT OF CALIFORNIA, TENTATIVE RULINGS EVENT DATE: EVENT TIME: VENTURA DIVISION June 26, 2019 06/28/2019 08:20:00 AM DEPT.: 43 COUNTY OF VENTURA JUDICIAL OFFICER: Kevin DeNoce CASE NUM: CASE CATEGORY: EVENT TYPE: CASE TITLE: CASE TYPE:Civil - Unlimited Breach of Contract/Warranty 56-2019-00525470-CU-BC-VTA TORRES VS. NISSAN NORTH AMERICA INC Demurrer (CLM) CAUSAL DOCUMENT/DATE FILED: Demurrer, 05/06/2019 stolo This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email to the court at: Courtroom43@ventura.courts.ca.gov stating that you submit on the tentative, and copy all counsel/parties on your email. Do not call in lieu of sending an email. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. For general information regarding Judge DeNoce and his courtroom rules and procedures, please visit: http://www.denoce.com ______________________________________________ Defendant Nissan North America, Inc.'s Demurrer to Plaintiff Ricardo Torres' Complaint. The court's tentative ruling is as follows: The court intends to overrule Defendant Nissan North America, Inc.'s demurrer for uncertainty to the fourth cause of action for fraudulent inducement - concealment in Plaintiff Ricardo Torres' Complaint, on the grounds that (a) demurrers for uncertainty are disfavored and should only be sustained where the complaint is so bad that the demurring defendant cannot reasonably respond thereto (see, e.g., Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616); and (b) here, Plaintiff's fourth cause of action is not so unintelligible as to prevent a reasonable response. The court intends to overrule Defendant Nissan's general demurrer to the fraudulent inducement claim based on the argument that Plaintiff fails to satisfy the pleading requirements for such a claim, on the ground that Plaintiff sufficient alleges a claim sounding in fraudulent nondisclosure against Nissan based on Nissan's alleged exclusive knowledge of the subject CVT defects, its alleged participation through its agents in the transaction in which Plaintiff purchased the subject vehicle, and Nissan's intent to deceive Plaintiff. The court intends to overrule Defendant Nissan's general demurrer to the fraudulent inducement claim based on the economic loss rule, on the grounds that Plaintiff's fraudulent inducement claim falls within an exception to that rule. TENTATIVE RULINGS Page: 1 CASE NUMBER: CASE TITLE: TORRES VS. NISSAN NORTH AMERICA INC 56-2019-00525470-CU-BC-VTA (See Erlich v. Menezes (1999) 21 Cal.4th 543, 551-552; Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 989-990 [citing Erlich with approval], 991-992; Food Safety Net Services v. Eco Safe Systems USA, Inc. (2012) 209 Cal.App.4th 1118, 1130.) Defendant Nissan to file and serve an Answer to the Complaint by not later than July 18, 2019. TENTATIVE RULINGS Page: 2
