Defendant's demurrer is overruled. While the Court recognizes the distinction between accepting the allegations as true, and determining whether those allegation suffice to establish reliance, the Court defers the analysis to the anticipated factual motion to be filed after further discovery. The defense raises substantial concerns regarding whether the Plaintiff can overcome her knowledge, actual or constructive, of the non-conforming units. However, that analysis will need to be decided on an evidentiary basis.
Hearing Date
August 12, 2021
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
For full print and download access, please subscribe at https://www.trellis.law/.
Defendant's demurrer is overruled. While the Court recognizes the distinction between accepting the allegations as true, and determining whether those allegation suffice to establish reliance, the Court defers the analysis to the anticipated factual motion to be filed after further discovery. The defense raises substantial concerns regarding whether the Plaintiff can overcome her knowledge, actual or constructive, of the non-conforming units. However, that analysis will need to be decided on an evidentiary basis.