New Century Building Supplies, Inc., et al. v. Jaguar Land Rover North America, LLC

Corp. (2004) 34 Cal.4th 979 [holding that economic loss rule, which in some circumstances bars tort action in absence of personal injury or physical damage to other property, applies to claims for intentional misrepresentation or fraud in performance of contract].) The FAC addresses the essential elements of a count for intentional misrepresentation, that is, (1) a misrepresentation in the form of Defendant presenting IKON as AAA-referred contractors; (2) knowledge of falsity as Defendant referred IKON himself, (3) intent to induce reliance as Defendant is a public adjustor and was in charge of preparing and adjusting Plaintiffs' fire claim, (4) reliance at least by Yu on Defendant's statements, and (5) resulting damage in the form of two excess emergency service contracts and the resulting job that IKON did not finish.

Accordingly, the Demurrer to the Fifth Cause of Action (Fraudulent Misrepresentation) is overruled.

Conclusion

Defendant Ryan Michael Burke DBA The Clear Choice Public Adjusters' Demurrer to the Fifth Cause of Action (Fraudulent Misrepresentation) in the First Amended Complaint is overruled. Defendant Ryan Michael Burke DBA The Clear Choice Public Adjusters is to file an Answer within 10 days of this Ruling. The Court continues the Case Management Conference to ___________, 2026, at 8:30AM. Date: 08/14/2026 _______________________________ William E. Weinberger Judge, Los Angeles Superior Court

Hearing Date: August 14, 2026 New Century Building Supplies, Inc., et al. v. Jaguar Land Rover North America, LLC, Case No. 26STCV13078 Proceeding: Defendant's Motion to Strike Ruling: Defendant's Motion to Strike is granted with leave to amend. Plaintiffs shall file an amended complaint within 10 days of this Ruling. The Court sets an Order to Show Cause re Filing of Amended Complaint for September 15, 2026, at 8:30AM. Defendant seeks an order striking Prayer for Relief paragraph 2: "For a civil penalty up to two times the amount of actual damages (est. $291,634.22)," on the grounds that Plaintiff failed to allege compliance with the conditions to seeking such relief.

Those conditions, under section 871.24 of the Code of Civil Procedure, require a plaintiff, at least 30 days before commencing an action seeking civil penalties under Civil Code section 1794(c), to "(1) Notify the manufacturer of the consumer's name, the accurate Vehicle Identification Number ("VIN") of the motor vehicle, and a brief summary of the repair history and problems with the motor vehicle", and "[P.](2) Demand that the manufacturer repurchase or replace the motor vehicle." While paragraph 11 of the Complaint alleges compliance with some of the provisions of section 871.24, full compliance is not alleged.