Defendant Ford Motor Company's ("Ford") demurrer to the sixth cause of action in plaintiff Milisa Houston's ("Plaintiff") complaint is overruled.
Plaintiff's request for judicial notice is granted.
This is a lemon law action. Plaintiff alleges that Ford failed to repair or service her 2012 Ford Fiesta ("Vehicle") within a reasonable number of attempts and reasonable amount of time in breach of express and implied warranties. Plaintiff's sixth cause of action alleges that Ford committed Fraud by Omission when it knowingly installed a defective transmission in the Vehicle without disclosing this fact to Plaintiff. Ford demurs to the sixth cause of action for Fraud by Omission on the basis that Plaintiff failed to plead the claim with the requisite specificity.
Plaintiff opposes the motion.
Pleading Fraud by Omission
The elements of fraud "are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or 'scienter'); (c) intent to defraud,
Hearing Date
March 02, 2017
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Defendant Ford Motor Company's ("Ford") demurrer to the sixth cause of action in plaintiff Milisa Houston's ("Plaintiff") complaint is overruled.
Plaintiff's request for judicial notice is granted.
This is a lemon law action. Plaintiff alleges that Ford failed to repair or service her 2012 Ford Fiesta ("Vehicle") within a reasonable number of attempts and reasonable amount of time in breach of express and implied warranties. Plaintiff's sixth cause of action alleges that Ford committed Fraud by Omission when it knowingly installed a defective transmission in the Vehicle without disclosing this fact to Plaintiff. Ford demurs to the sixth cause of action for Fraud by Omission on the basis that Plaintiff failed to plead the claim with the requisite specificity.
Plaintiff opposes the motion.
Pleading Fraud by Omission
The elements of fraud "are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or 'scienter'); (c) intent to defraud,