Tentative ruling issued by Judge Charles Treat on Apr. 26, 2019 in Contra Costa County, CA - Case no: xxxxx039

HEARING ON DEMURRER TO COMPLAINT

FILED BY VICTOR H. WYRSCH

* TENTATIVE RULING: *

Defendant demurs to the fraud cause of action in the complaint. The demurrer is sustained with leave to amend.

The only representation alleged in the cause of action is that the premises were suitable for human habitation. Leaving aside whether that is too vague to support a fraud tort, the representation is alleged to have been made and relied on in 2006, and not by this defendant. The remainder of the complaint makes it clear that plaintiffs were much more conversant than this defendant with the alleged defects in the premises.

Plaintiffs propose to amend to assert what amounts to a promissory fraud claim based on defendant’s recent alleged assurances of repairs. That’s more a wholly new claim than an amendment of the old one, but the Court will allow it to be asserted. The Court points out that the requirement of meet-and-confer for any subsequent de….....