TENTATIVE RULING: Cross-Defendant's Demurrer to Cross-Complaint is SUSTAINED, in part. Cross-Complainant does not provide any argument or authority as to how he and the seller of the RV were in a fiduciary relationship, such that the discovery rule as to fraud should be relaxed. The court cannot find any fiduciary relationship existed.
The statute of limitations for fraud is three years, but it does not begin to run until "the discovery, by the aggrieved party, of the facts constituting the fraud or mistake." (Code Civ. Proc., § 338.) It is undisputed that Cross-Complainant admitted in a discovery response that he was informed "in June 2013" that the actual model year on the RV was 2012 at the time he purchased the RV. (Plaintiff's RJN No. 1.) Cross-Complainant does not dispute this admission occurred and the court takes judicial notice of it. Cross-Complainant attempts to explain away this admission by stating he "relied on the language previously pleaded in the Cross-Complaint that
Hearing Date
October 19, 2017
Type
Breach of Contract/Warranty
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TENTATIVE RULING: Cross-Defendant's Demurrer to Cross-Complaint is SUSTAINED, in part. Cross-Complainant does not provide any argument or authority as to how he and the seller of the RV were in a fiduciary relationship, such that the discovery rule as to fraud should be relaxed. The court cannot find any fiduciary relationship existed.
The statute of limitations for fraud is three years, but it does not begin to run until "the discovery, by the aggrieved party, of the facts constituting the fraud or mistake." (Code Civ. Proc., § 338.) It is undisputed that Cross-Complainant admitted in a discovery response that he was informed "in June 2013" that the actual model year on the RV was 2012 at the time he purchased the RV. (Plaintiff's RJN No. 1.) Cross-Complainant does not dispute this admission occurred and the court takes judicial notice of it. Cross-Complainant attempts to explain away this admission by stating he "relied on the language previously pleaded in the Cross-Complaint that