Defendant Volkswagen Group of America, Inc.’s Demurrer to the Complaint is SUSTAINED with 20 days leave to amend as to the Sixth and Seventh Causes of Action, and OVERRULED as to the Fourth Cause of Action.
Defendant Volkswagen Group of America, Inc.’s Motion to Strike Portions of the Complaint is DENIED.
DEMURRER
A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at
Hearing Date
May 21, 2019
Type
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
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Defendant Volkswagen Group of America, Inc.’s Demurrer to the Complaint is SUSTAINED with 20 days leave to amend as to the Sixth and Seventh Causes of Action, and OVERRULED as to the Fourth Cause of Action.
Defendant Volkswagen Group of America, Inc.’s Motion to Strike Portions of the Complaint is DENIED.
DEMURRER
A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) In particular, as is relevant here, a court should sustain a demurrer if a complaint does not allege facts that are legally sufficient to constitute a cause of action. (See id. § 430.10, subd. (e).) As the Supreme Court held in Blank v. Kirwan (1985) Cal.3d 311: “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . . Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context.” (Id. at