HALEY ROJAS vs FCA US, LLC, et al.
Motion for Judgment on the Pleadings as to Plaintiff’s Sixth Cause of Action for Fraudulent Inducement-Concealment
Motion type
Causes of action
Parties
Ruling
2024CUBC034264: HALEY ROJAS vs FCA US, LLC, et al. 08/25/2026 in Department 44 Motion for Judgment on the Pleadings by Defendant FCA US LC as to Plaintiff Haley Rojas's Complaint
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Motion: Defendant FCA US LLCs Motion for Judgment on the Pleadings as to Plaintiffs Sixth Cause of Action for Fraudulent Inducement-Concealment (Opposed)
Tentative Ruling:
Defendant FCA US LLCs Motion for Judgment on the Pleadings as to Plaintiff Haley Rojass Sixth Cause of Action for Fraudulent Inducement-Concealment is DENIED.
Plaintiff adequately alleges, for purposes of the pleadings, a transactional relationship with FCA and the material factual components of fraudulent concealment required by Rattagan v. Uber Technologies, Inc. (2024) 17 Cal.5th 1. The Complaint alleges that Plaintiff entered into a warranty contract with FCA concerning the Subject Vehicle, interacted with FCA sales representatives, and was induced to purchase the Vehicle without disclosure of an Engine Defect allegedly known to FCA before the sale. (Complaint, ¶¶ 7-8, 16-25, 65-72.)
The claim also is not barred by the economic loss rule at the pleading stage. Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828, 840-844, remains published and precedential following the Supreme Courts dismissal of review and holds that the economic loss rule does
2024CUBC034264: HALEY ROJAS vs FCA US, LLC, et al.
not bar an adequately pleaded claim for presale fraudulent inducement by concealment in this context.
The Court declines to consider FCAs statute-of-limitations argument first raised in reply. In any event, the argument lacks merit on the face of the Complaint because Plaintiff alleges she acquired the Vehicle on May 26, 2024 and filed this action on December 11, 2024, well within the three-year limitations period applicable to fraud claims under Code Civ. Proc. § 338(d).
Plaintiff to give notice.
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