Defendant’s Demurrer to the Plaintiff’s Complaint is OVERRULED. Defendant’s Motion to Strike Portions of the Plaintiff’s Complaint is DENIED. Defendant is ordered to file an answer within ten days of the date of the hearing.
Demurrer
Defendant demurs to the seventh cause of action for Fraud by Omission.
“The required elements for fraudulent concealment are (1) concealment or suppression of a material fact; (2) by a defendant with a duty to disclose the fact to the plaintiff; (3) the defendant intended to defraud the plaintiff by intentionally concealing or suppressing the fact; (4) the plaintiff was unaware of the fact and would not have acted as he or she did if he or she had known of the concealed or suppressed fact; and (5) plaintiff sustained damage as a result of the concealment or suppression of the fact.” (Hambrick v. Healthcare Partners Medical Group, Inc. (2015) 238 Cal.App.4th 124, 162). “[A] cause of action for non-disclosure of material facts may arise in at least three
Hearing Date
November 04, 2016
Type
Othr Breach Contr/Warr-not Fraud (General Jurisdiction)
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Defendant’s Demurrer to the Plaintiff’s Complaint is OVERRULED. Defendant’s Motion to Strike Portions of the Plaintiff’s Complaint is DENIED. Defendant is ordered to file an answer within ten days of the date of the hearing.
Demurrer
Defendant demurs to the seventh cause of action for Fraud by Omission.
“The required elements for fraudulent concealment are (1) concealment or suppression of a material fact; (2) by a defendant with a duty to disclose the fact to the plaintiff; (3) the defendant intended to defraud the plaintiff by intentionally concealing or suppressing the fact; (4) the plaintiff was unaware of the fact and would not have acted as he or she did if he or she had known of the concealed or suppressed fact; and (5) plaintiff sustained damage as a result of the concealment or suppression of the fact.” (Hambrick v. Healthcare Partners Medical Group, Inc. (2015) 238 Cal.App.4th 124, 162). “[A] cause of action for non-disclosure of material facts may arise in at least three