Defendant Ford Motor Company's demurrer to Plaintiff's First Amended Complaint is overruled. This court previously sustained, with leave to amend, Ford's demurrer to the Fraudulent Inducement – Concealment, Fraudulent Inducement – Intentional Misrepresentation, Fraudulent Inducement – Negligent Misrepresentation) causes of action in Plaintiff's complaint, finding that these fraud-based causes of action are barred by the Economic Loss Rule. Plaintiff filed a First Amended Complaint and Ford again demurrers to these same three fraud-based causes of action. It appears to the court that Ford's motion papers are virtually identical to those Ford submitted in connection with its previous demurrer. Ford fails to provide any reference to the new allegations contained in Plaintiff's First Amended Complaint. Plaintiff raises this issue in opposition, but Ford fails to file a reply or otherwise address this issue. Absent Ford addressing the new allegations in the First Amended Complaint, Ford's d
Hearing Date
September 07, 2017
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Defendant Ford Motor Company's demurrer to Plaintiff's First Amended Complaint is overruled. This court previously sustained, with leave to amend, Ford's demurrer to the Fraudulent Inducement – Concealment, Fraudulent Inducement – Intentional Misrepresentation, Fraudulent Inducement – Negligent Misrepresentation) causes of action in Plaintiff's complaint, finding that these fraud-based causes of action are barred by the Economic Loss Rule. Plaintiff filed a First Amended Complaint and Ford again demurrers to these same three fraud-based causes of action. It appears to the court that Ford's motion papers are virtually identical to those Ford submitted in connection with its previous demurrer. Ford fails to provide any reference to the new allegations contained in Plaintiff's First Amended Complaint. Plaintiff raises this issue in opposition, but Ford fails to file a reply or otherwise address this issue. Absent Ford addressing the new allegations in the First Amended Complaint, Ford's d