Stephanie M. Bowick
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August 29, 2017
Los Angeles County, CA
Breach Contract/Warnty-Negligence (General Jurisdiction)
BAKVA JORDAN - Plaintiff/Petitioner
DOES 1 THROUGH 100 - Defendant/Respondent
GERCHICK RANDY G. - Former Attorney for Deft/Resp
HORNBURG OF SANTA MONICA - Defendant/Respondent
JAGUAR LAND ROVER NORTH AMERICA LLC - Defendant/Respondent
LEHRMAN KATE S. ESQ. - Attorney for Defendant/Respondent
PENDRAGON NORTH AMERICA AUTOMOTIVE INC. - Defendant/Respondent
YASHAR NADIA ESQ. - Attorney for Plaintiff/Petitioner
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Defendants Jaguar Land Rover and Penegon West, Inc.’s demurrer to the First Amended Complaint is SUSTAINED in its entirety. The Motion to Strike Portions of Plaintiff’s First Amended Complaint is GRANTED in its entirety. Plaintiff shall have 10 days leave to amend to remove the fraud cause of action as represented in the Opposition. Leave to amend is DENIED as to the third cause of action for negligence, which is clearly barred by the economic loss doctrine. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal. 4th 979, 988). Plaintiff's opposition does not address the economic loss rule or appear to dispute its barring the claim for negligence. Therefore, the Court finds that Plaintiff has not shown that successful amendment is possible. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348). Since Plaintiff has agreed to amend the First Amended Complaint to remove the fraud/misrepresentation cause of action, there are no additional causes of action to support a claim for punitive damages. Accordingly, the motion to strike is granted. (CCP section 436). The Case Management Conference is CONTINUED to Decemeber 4, 2017, 8:30 a.m., to allow the parties time to get the pleadings in order and conduct discovery before a trial date is set. Moving party to submit a proposed order within 5 court days and give notce.
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