DEMURRER TO COMPLAINT
Matter on calendar for Wednesday, November 16, 2016, Line 12, DEFENDANT FORD MOTOR COMPANY DEMURRER TO COMPLAINT.
Defendant Ford Motor Company's demurrer to the sixth cause of action for fraudulent concealment is sustained with twenty days leave to amend. Plaintiff Kathleen Petree has adequately alleged the elements of a claim for fraudulent concealment that is not barred by the economic loss rule. However, the face of the complaint shows that the fraudulent concealment claim is time-barred unless the delayed discovery rule or some tolling doctrine applies. Ms. Petree has not alleged sufficient facts to invoke the delayed discovery rule or a tolling doctrine, but is given leave to do so, if she can do so in good faith.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the
Hearing Date
November 16, 2016
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DEMURRER TO COMPLAINT
Matter on calendar for Wednesday, November 16, 2016, Line 12, DEFENDANT FORD MOTOR COMPANY DEMURRER TO COMPLAINT.
Defendant Ford Motor Company's demurrer to the sixth cause of action for fraudulent concealment is sustained with twenty days leave to amend. Plaintiff Kathleen Petree has adequately alleged the elements of a claim for fraudulent concealment that is not barred by the economic loss rule. However, the face of the complaint shows that the fraudulent concealment claim is time-barred unless the delayed discovery rule or some tolling doctrine applies. Ms. Petree has not alleged sufficient facts to invoke the delayed discovery rule or a tolling doctrine, but is given leave to do so, if she can do so in good faith.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the