ABDUL OUHANE VS BMW OF NORTH AMERICA LLC

ABDUL OUHANE, Plaintiff, v. BMW OF NORTH AMERICA, LLC, Defendant.

Case No.: BC678147

Hearing Date: April 8, 2019

[TENTATIVE] order RE:

MOTION for judgment on the pleadings as to the sixth cause of action for fraud

BACKGROUND

This is a lemon law case arising out of Plaintiff Abdul Ouhane’s (“Plaintiff”) purchase of a 2012 BMW 750LI vehicle from Defendant BMW of North America, LLC (“Defendant” or “BMW”). Plaintiff alleges (1) violations of Cal. Civ. Code §1793.2; (2) breach of express written warranty; (3) breach of the implied warranty of merchantability; and (4) fraud.

ANALYSIS

A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed. (Cloud v. Northrop Grumman Corp. (1999) 67 Cal.App.4th 995, 999.) A motion for judgment on t........