Defendant Kia Motors America, Inc.'s Demurrer to Plaintiff Derek Gough's First Amended Complaint as to the Sixth Cause of Action is SUSTAINED without leave to amend. (ROA 74.) Plaintiff's First Amended Complaint now alleges at least some facts which may support delayed discovery of his sixth cause of action for fraud by omission. However, even assuming Plaintiff can overcome the statute of limitations, the claim is barred by the economic loss rule. "The economic loss rule requires a purchaser to recover in contract for purely economic loss due to disappointed expectations, unless he can demonstrate harm above and beyond a broken contractual promise." (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) Plaintiff still has not sufficiently alleged fraud independent of his breach of warranty claims. Defendant's Motion to Strike Plaintiff's First Amended Complaint is GRANTED IN PART and DENIED IN PART. (ROA 75.)
As to Plaintiff's punitive damages allegations, the mot
Hearing Date
October 22, 2020
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Defendant Kia Motors America, Inc.'s Demurrer to Plaintiff Derek Gough's First Amended Complaint as to the Sixth Cause of Action is SUSTAINED without leave to amend. (ROA 74.) Plaintiff's First Amended Complaint now alleges at least some facts which may support delayed discovery of his sixth cause of action for fraud by omission. However, even assuming Plaintiff can overcome the statute of limitations, the claim is barred by the economic loss rule. "The economic loss rule requires a purchaser to recover in contract for purely economic loss due to disappointed expectations, unless he can demonstrate harm above and beyond a broken contractual promise." (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988.) Plaintiff still has not sufficiently alleged fraud independent of his breach of warranty claims. Defendant's Motion to Strike Plaintiff's First Amended Complaint is GRANTED IN PART and DENIED IN PART. (ROA 75.)
As to Plaintiff's punitive damages allegations, the mot