6. CU0000873 DeOrnellas v. General Motors
Defendant’s Demurrer to the Fifth Cause of Action for Fraud in the First Amended Complaint is overruled. Plaintiffs have adequately pleaded all elements of a cause of action for fraudulent concealment including General Motor (GM)’s knowledge of defects in the transmission and their failure to disclose the same to purchasers. See, e.g., Hoffman v. 162 North Wolfe LLC (2014) 228 Cal.App.4th 1178, 1185–1186. Contrary to the suggestion of defendant, a transactional relationship is not required in California for the manufacturer to have a duty to disclose. See OCM Principal Opportunities v. CIBC World Markets (2007) 157. Cal.App.4th 835, 851. Moreover, plaintiffs were was not required to plead a fiduciary relationship because they have pled that GM had exclusive knowledge of material facts unknown to plaintiffs, and that GM actively concealed material facts from plaintiffs. See Heliotis v. Schuman (1986) 181 Cal.App.3d 646, 651.
Defendant
Hearing Date
April 19, 2024
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6. CU0000873 DeOrnellas v. General Motors
Defendant’s Demurrer to the Fifth Cause of Action for Fraud in the First Amended Complaint is overruled. Plaintiffs have adequately pleaded all elements of a cause of action for fraudulent concealment including General Motor (GM)’s knowledge of defects in the transmission and their failure to disclose the same to purchasers. See, e.g., Hoffman v. 162 North Wolfe LLC (2014) 228 Cal.App.4th 1178, 1185–1186. Contrary to the suggestion of defendant, a transactional relationship is not required in California for the manufacturer to have a duty to disclose. See OCM Principal Opportunities v. CIBC World Markets (2007) 157. Cal.App.4th 835, 851. Moreover, plaintiffs were was not required to plead a fiduciary relationship because they have pled that GM had exclusive knowledge of material facts unknown to plaintiffs, and that GM actively concealed material facts from plaintiffs. See Heliotis v. Schuman (1986) 181 Cal.App.3d 646, 651.
Defendant