Moreno v. Joe Perillo Pontiac

Rehearing denied March 7, 1983. Plaintiff Martin Moreno brought this action on his own behalf and on behalf of all others similarly situated, alleging, as against one or more of the defendants, breach of contract, breach of fiduciary duty, violation of certain specified statutes and fraudulent misrepresentation with respect to a policy for credit life insurance purchased by plaintiff and others in conjunction with the installment purchase of automobiles. Defendants filed a hybrid motion to strike and dismiss pursuant to both sections 45 and 48(i) of the Civil Practice Act (now sections 2-615 and 2-619 of the Code of Civil Procedure, Ill. Rev. Stat. 1981, ch. 110, pars. 2-615, 2-619) which were simultaneously granted by the trial court. The court also denied plaintiff's motion for class certification. Plaintiff appeals.