1.
Defendant’s demurrer to sixth cause of action (fraudulent concealment) of plaintiff’s second amended complaint. Demurrer sustained without leave to amend. (CCP 430.10(e).)
Plaintiff still fails to allege facts sufficient to overcome the economic loss rule. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988 [“Robinson Helicopter”].) Plaintiff fails to allege personal injury or any damages other than those related solely to her warranty claims. (SAC at Paras. 13, 21, renumbered Para. 3, and Paras. 46, 47.) Absent allegations of damages other than those related to the warranty claims, plaintiff’s claim for fraudulent omission is barred by the economic loss rule. (Robinson Helicopter, supra at 988 [plaintiff is required to “demonstrate harm above and beyond a broken contractual promise,” in order to recover tort damages].)
Plaintiff has had several opportunities to plead a valid concealment claim, without success, and has not shown how the above defects can be cured