Defendant General Motors, LLC (“Defendant”) presents its demurrer to Plaintiffs Randy White and Deborah White’s (collectively “Plaintiffs”) Third Cause of Action for Fraudulent Inducement – Concealment as pled in the First Amended Complaint (“FAC”), as well as a motion to strike Plaintiffs’ prayer for punitive damages. The demurrer is sustained and the motion to strike is granted, as set forth below. Plaintiffs are granted 15 days leave to amend. Demurrer. “A demurrer tests the sufficiency of the ... complaint, i.e., whether it states facts sufficient to constitute a cause of action upon which relief may be based.” (McKell v. Washington Mut., Inc. (2006) 142 Cal.App.4th 1457, 1469; citations omitted.) In reviewing the sufficiency of a complaint against a general demurrer, [courts] are guided by long-settled rules. “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. We also consider matters which may be
Hearing Date
October 25, 2021
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Defendant General Motors, LLC (“Defendant”) presents its demurrer to Plaintiffs Randy White and Deborah White’s (collectively “Plaintiffs”) Third Cause of Action for Fraudulent Inducement – Concealment as pled in the First Amended Complaint (“FAC”), as well as a motion to strike Plaintiffs’ prayer for punitive damages. The demurrer is sustained and the motion to strike is granted, as set forth below. Plaintiffs are granted 15 days leave to amend. Demurrer. “A demurrer tests the sufficiency of the ... complaint, i.e., whether it states facts sufficient to constitute a cause of action upon which relief may be based.” (McKell v. Washington Mut., Inc. (2006) 142 Cal.App.4th 1457, 1469; citations omitted.) In reviewing the sufficiency of a complaint against a general demurrer, [courts] are guided by long-settled rules. “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. We also consider matters which may be