MOVING PARTY: Defendant Ford Motor Company
OPPOSITION: Plaintiff Caitlin Bray
This is a “lemon law” action concerning a leased new 2014 Ford Focus. On September 1, 2016, plaintiff filed a complaint for various Song-Beverly Act violations and three counts of fraudulent inducement. On October 5, 2016, defendant filed this opposed demurrer to the fraud cause of action for insufficient facts. Defendant’s counsel submitted a compliant meet and confer declaration. CCP § 430.41(a); Proudfood Decl. ¶ 2. The Court considered the moving, opposition, and reply papers, and rules as follows.
Demurrer Standard
A demurrer may be sustained where the complaint fails to state facts sufficient to constitute a cause of action. CCP § 430.10(e). Thus, concerning the legal sufficiency of a pleading, the sole issue on demurrer is whether the facts pleaded, if true, state a valid cause of action, i.e., if the complaint pleads facts that would entitle the plaintiff to relief. Garcetti v. Superior Court (19
Hearing Date
January 12, 2017
Type
Breach Contrct/Warnty (Sellr Pltf) (General Jurisdiction)
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MOVING PARTY: Defendant Ford Motor Company
OPPOSITION: Plaintiff Caitlin Bray
This is a “lemon law” action concerning a leased new 2014 Ford Focus. On September 1, 2016, plaintiff filed a complaint for various Song-Beverly Act violations and three counts of fraudulent inducement. On October 5, 2016, defendant filed this opposed demurrer to the fraud cause of action for insufficient facts. Defendant’s counsel submitted a compliant meet and confer declaration. CCP § 430.41(a); Proudfood Decl. ¶ 2. The Court considered the moving, opposition, and reply papers, and rules as follows.
Demurrer Standard
A demurrer may be sustained where the complaint fails to state facts sufficient to constitute a cause of action. CCP § 430.10(e). Thus, concerning the legal sufficiency of a pleading, the sole issue on demurrer is whether the facts pleaded, if true, state a valid cause of action, i.e., if the complaint pleads facts that would entitle the plaintiff to relief. Garcetti v. Superior Court (19