1) Demurrer to Amended Complaint
2) Order to Show Cause re: Monetary Sanctions – Plaintiff’s counsel to appear
The Court SUSTAINS the Demurrer by Defendants Mercedes-Benz USA LLC and Fletcher Jones Motor Cars to the third cause of action for negligence in Plaintiff Kathryn Rusyniak’ First Amended Complaint (FAC), with 10 days leave to amend.
The Court previously sustained Defendant Mercedes-Benz’s Demurrer to the negligence cause of action on the grounds that Plaintiff did not allege the elements of causation and damages. For the reasons set forth below, the Court concludes Plaintiff has still not alleged facts sufficient to state a negligence cause of action.
Plaintiff argues that her negligence tort is based on a breach of duty independent of the contract for sale of the vehicle and is based on the failure to provide adequate services under the agreement to repair the vehicle. The economic loss rule does not apply to an action for negligent performance of contract for services which
Hearing Date
August 03, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
1) Demurrer to Amended Complaint
2) Order to Show Cause re: Monetary Sanctions – Plaintiff’s counsel to appear
The Court SUSTAINS the Demurrer by Defendants Mercedes-Benz USA LLC and Fletcher Jones Motor Cars to the third cause of action for negligence in Plaintiff Kathryn Rusyniak’ First Amended Complaint (FAC), with 10 days leave to amend.
The Court previously sustained Defendant Mercedes-Benz’s Demurrer to the negligence cause of action on the grounds that Plaintiff did not allege the elements of causation and damages. For the reasons set forth below, the Court concludes Plaintiff has still not alleged facts sufficient to state a negligence cause of action.
Plaintiff argues that her negligence tort is based on a breach of duty independent of the contract for sale of the vehicle and is based on the failure to provide adequate services under the agreement to repair the vehicle. The economic loss rule does not apply to an action for negligent performance of contract for services which