Ahmad v. Laguna Niguel Hyundai
Demurrer to Amended Complaint; Motion to Strike Amended Complaint
Motion type
Causes of action
Parties
Ruling
# Case Name Tentative Ruling
102 Ahmad v. Laguna DEMURRER TO AMENDED COMPLAINT Niguel Hyundai, 2025- MOTION TO STRIKE AMENDED COMPLAINT 01529215 Defendant Laguna Niguel Hyundai LLC demurs to the (1) first cause of action for violation of the Consumers Legal Remedies Act, (2) second cause of action for intentional misrepresentation, (3) third cause of action for concealment, (4) fourth cause of action for negligent misrepresentation, and (5) fifth cause of action for violations of the Unfair Competition Law. Defendant also moves to strike Plaintiff’s allegations related to punitive damages.
Plaintiff Yana Ahmad opposes both motions.
The demurrer is OVERRULED as to the causes of action for violation of the Consumer Legal Remedies Act, negligent misrepresentation, and violations of the Unfair Competition Law. The complaint states sufficient facts to support each of these claims.
The demurrer is SUSTAINED WITH LEAVE TO AMEND as to the second cause of action for intentional misrepresentation and third cause of action for concealment. The allegations regarding the intentional misrepresentations and concealments are not sufficiently specific in that Plaintiff fails to state who made the misrepresentations and omissions and by what means such misrepresentations and omissions were made.
For the same reasons, the Motion to Strike is GRANTED WITH LEAVE TO AMEND.
Defendant to give notice.
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