MATTHEW D CINQUANTA VS VOLKSWAGEN GROUP OF AMERICA INC ET AL

STATEMENT OF FACTS

Plaintiff alleges that there was a defect with the timing chain system installed in the 2011 Volkswagen CC leased and then sold to Plaintiff.

Defendant Volkswagen Group of America, Inc. moves for summary adjudication.

TENTATIVE RULING

Defendant Volkswagen Group of America, Inc.’s motion for summary adjudication is DENIED as to Issue No. 1 re: the fourth cause of action, Issue No. 2 re: punitive damages, and Issue No. 3 re: an academic issue.

DISCUSSION:

Motion For Summary Adjudication

1. Issue No. 1: “VWGOA Is Entitled To Judgment As To The Concealment Cause of Action.”

A. Re: The Economic Loss Rule Bars This Cause of Action.

Defendant’s argument that the economic loss rule bars this fraud-based cause of action as a matter of law is not persuasive. The First Amended Complaint (“1AC”) alleges that the defective Timing Chain System can lea........