Melvin Lawrence et al. vs General Motors, LLC

25CV-01617 Melvin Lawrence et al. vs General Motors, LLC

Demurrer to Plaintiff’s Complaint

Defendant’s demurrer to Plaintiff’s complaint is SUSTAINED IN PART and OVERRULED IN PART.

Defendant’s demurrer to the First, Second, Third, and Fourth causes of action based on the causes of action being time barred by the statute of limitations is OVERRULED.

Plaintiff has alleged a tolling of the statutes. “[W]hen the relevant facts are not clear such that the cause of action might be, but is not necessarily, time-barred, the demurrer will be overruled.” (Citizens for a Responsible Caltrans Decision v. Department of Transportation (2020) 46 Cal.App.5th 1103, 1117.)

Defendant’s demurrer to the Fifth cause of action is SUSTAINED, on the basis of failure to state facts sufficient to constitute a cause of action.

Here, Plaintiff does not allege enough facts to support a fraudulent inducement concealment cause of action. For example, and not exhaustive, the complaint (1) fails to sufficiently allege the required transactional relationship between Plaintiff and GM; (2) fails to allege sufficient facts identifying the specific marketing statements that were misleading and that were relied upon by Plaintiff; and (3) fails to allege sufficient facts regarding personnel, conversations, or content of omissions at the point of sale.

Plaintiff must file an amended complaint within ten (10) days of this court’s order.