Dhital

I. BACKGROUND

A. The SAC: Plaintiffs’ Allegations About the Allegedly Defective Transmission and Nissan’s Alleged Fraud “Because this matter comes to us after the trial court sustained the defendant’s demurrer, ‘we must, under established principles, assume the truth of all properly pleaded material allegations of the complaint in evaluating the validity’ of the decision below.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 635.) In the SAC, plaintiffs alleged that, on November 4, 2012, they purchased a new 2013 Nissan Sentra from a Nissan dealership in San Leandro. On three occasions in 2015, plaintiffs took the car to an authorized Nissan repair facility because of transmission problems, including stalling, jerking, and lack of power. They eventually decided to stop using the car due

1 We grant plaintiffs’ unopposed request that we take judicial notice of (1) a brief filed in the Supreme Court in Robinson, and (2) a California superior court order discussing the economic loss rule.

2 to their concern it posed a risk to their safety and the safety of others, because “[u]ncertain and unpredictable performance of a vehicle’s engine and transmission can result in sudden and…