DOMINIQUE LOPEZ ET AL VS DIAGRAPH INC ET AL

Tentative Rulings

Case Number: BC476544    Hearing Date: January 25, 2021    Dept: 74

BC476544 DOMINIQUE LOPEZ VS DIAGRAPH INC

Demurrer to the 4^th Amended Complaint

TENTATIVE RULING: The demurrer is OVERRULED. Defendant is ordered to file an answer within 15 days.

Sony (“Defendant”) demurrers to the third cause of action for fraud by concealment on the ground it fails to allege sufficient facts to constitute a cause of action.

“As with all fraud claims, the necessary elements of a concealment/suppression claim consist of ‘(1) misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (scienter); (3) intent to defraud (i.e., to induce reliance); (4) justifiable reliance; and (5) resulting damage.’ [Citations.]” (Alliance Mortgage Co. v. Rothwell (1995) 10 Cal.4th 1226, 1239, 44 Cal.Rptr.2d 352, 900 P.2d 601 (Alliance Mortgage ); see Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248, 129 Cal.Rptr.3d 874 (Boschma ).) ‘Active concealment or suppression of facts by a nonfiduciary ‘is the equivalent of a false representation, i.e., actual fraud.’ [Citation.]’ (Vega v. Jones, Day, Reavis & Pogue (2004) 121 Cal.App.4th 282, 291, 17 Cal.Rptr.3d 26 (Vega ).) A fraud claim based upon the suppression or concealment of a material fact must involve a defendant who had a legal duty to disclose the fact. (Civ.Code, § 1710, subd. (3) [a deceit includes “[t]he suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact”]; see Judicial Council of Cal., Civ. Jury Instns. (2013) CACI No. 1901.)” (Hoffman v. 162 North Wolfe LLC (2014) 228 Cal.App.4th 1178, 1185–1186.)

Furthermore, “the requirement of specificity is relaxed when the allegations indicate that ‘the defendant must necessarily possess full information concerning the facts of the controversy[.]’” (Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 158.)

The 4th amended complaint alleges: Defendant through its service providers, actively concealed and suppressed material facts from Plaintiff’s parents regarding the toxic nature of the chemicals and processes used throughout their employment; Defendant represented that there were no causal connections between Plaintiff’s parents occupational chemical exposures and Plaintiff’s injury; Plaintiff’s parents relied on the advice of Defendant’s service providers to their detriment; Defendant owed a duty to disclose the material facts regarding the chemicals referenced in ¶28 of the FAC under California Hazardous Substances Information and Training Act; Plaintiff’s parents were not aware of the material facts related to the toxicity of the chemicals handled by each; Defendant represented to Plaintiff’s parents that the chemicals and substances present on site during employment were safe, especially so for Lopez and Plaintiff; Defendant intentionally concealed, suppressed or misrepresented “the teratogenic, genotoxic and reproductively toxic nature” of chemicals used to manufacture its products and that the chemicals and substances present at the work site did not pose any health hazard to Plaintiff’s parents; Defendant intentionally concealed or suppressed such with the intent to defraud Plaintiff’s parents; Defendant’s concealment directly and proximately caused Plaintiff’s injury; and Plaintiff’s parents relied on such representations to their detriment. (FAC, ¶¶49-52, 55-72, 91-102.) These facts are sufficient to state a cause of action for fraudulent concealment.

Case Number: BC476544    Hearing Date: July 09, 2020    Dept: 74

BC476544 DOMINIQUE LOPEZ vs DIAGRAPH INC

Defendant Sony Electronics’ Motion to Compel Genetic Testing

TENTATIVE RULING: Defendant’s motion to compel genetic testing is DENIED. The court finds defendant failed to carry is burden of showing good cause for drawing DNA from the Lopez family. CCP § 2032.320(a). Moreover, the court finds defendant’s request to perform whole genome sequencing to sequence the subjects’ entire genetic code to be overbroad.