(1) Demurrer to First Amended Complaint (FAC) (2) Motion to Strike
Tentative Ruling: (1) Defendants FCA US LLC’s Demurrer to the FAC is SUSTAINED, with 20-days leave to amend, as to the 6th COA for fraud by omission as follows. As to the 6th COA (fraud by omission), this claim is time-barred by the three-year statute of limitations. The FAC alleges Plaintiff purchased the Vehicle on or about 11-23-14; that Defendant FCA “knew since 2014, if not earlier” of the Transmission Defect; that “prior to Plaintiff acquiring the Vehicle, Defendant FCA was well aware and knew the transmission installed in the Vehicle was defective but failed to disclose this fact to Plaintiff at the time of sale”; that Defendant FCA acquired knowledge of the Transmission Defect in 2014, if not earlier, through pre-production and post-production testing, early consumer complaints, etc.; and Defendant FCA committed fraud by allowing the Vehicle to be sold without disclosing the defects despite having prior knowledg
Hearing Date
October 20, 2020
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(1) Demurrer to First Amended Complaint (FAC) (2) Motion to Strike
Tentative Ruling: (1) Defendants FCA US LLC’s Demurrer to the FAC is SUSTAINED, with 20-days leave to amend, as to the 6th COA for fraud by omission as follows. As to the 6th COA (fraud by omission), this claim is time-barred by the three-year statute of limitations. The FAC alleges Plaintiff purchased the Vehicle on or about 11-23-14; that Defendant FCA “knew since 2014, if not earlier” of the Transmission Defect; that “prior to Plaintiff acquiring the Vehicle, Defendant FCA was well aware and knew the transmission installed in the Vehicle was defective but failed to disclose this fact to Plaintiff at the time of sale”; that Defendant FCA acquired knowledge of the Transmission Defect in 2014, if not earlier, through pre-production and post-production testing, early consumer complaints, etc.; and Defendant FCA committed fraud by allowing the Vehicle to be sold without disclosing the defects despite having prior knowledg