Demurrer to Complaint
Tentative Ruling: Defendant Camzam Investment, Inc, dba Black & White Car Rental’s demurrer to the 1-3rd COAs (Strict Liability/Negligence/Breach of Warranty) of Plaintiff Issam Mahmoud’s Complaint is sustained with 20 days leave to amend based on failure to state sufficient facts to constitute a cause of action.
Simply because Defendant may not have had the authority to rent the subject vehicle does not support causes of action for strict liability, negligent products liability, or breach of warranty. Although creative, Plaintiff is attempting to fit a square peg into a round hole. The Court cannot ascertain at this time whether the omission of certain defendants from the first complaint renders this Complaint a sham.
RFJN is granted. Parties are reminded to meet and confer prior to filing any subsequent demurrers.
MP to give notice.
SHAM PLEADING: In ruling on a demurrer, a court may take judicial notice of admissions or inconsistent statements by plaintiff in e