Nature of Proceedings: Demurrer and Motion to Strike Second Amended Complaint

TENTATIVE RULING: DMV’s demurrer to plaintiff’s seventh cause of action is sustained without leave to amend. Judgment is ordered entered in favor of DMV and against plaintiff, together with costs. DMV’s motion to strike is moot given the ruling on the demurrer.

BACKGROUND:

In his second amended complaint (“SAC”), plaintiff Roy E. Stephenson alleges that he was defrauded into purchasing a 2011 Porsche 911 Carrera S Cabriolet from defendant Desert European Motorcars, Ltd. (“DEM”), believing that it was new when it was not. The SAC alleges that DEM and defendant Porsche Cars North America, Inc. (“PCNA”) conspired to defraud plaintiff and that defendants filed fraudulent registration and title documents with the California Department of Motor Vehicles (“DMV”) in order to transfer title for the Porsche to plaintiff. Plaintiff’s seventh cause of action for cancellation of void instruments, which is asserted agai