On March 26, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Hernandez, Jose,
Hernandez, Maria,
and
Nissan North America, Inc.,
for 06-CV Breach of Contract/Warranty-Civil Unlimited
in the District Court of Kern County.
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Superior Court of California
County of Kern
Bakersfield Department 18
Date: 09/17/2020 BCV-20-100872
MARIA HERNANDEZ ET AL VS NISSAN NORTH AMERICA, INC., A CALIFORNIA CORPORATION
Courtroom Staff
Honorable: David R. Lampe Clerk: Veronica D. Lancaster
Court reporter: . None Bailiff: Deputy Sheriff
PARTIES: Present:
NISSAN NORTH AMERICA, INC. Defendant, Not Present ROSE, MELISSA H. Attorney, Present
HODGE, LEIGH A. Attorney, Not Present
Not Present:
HERNANDEZ, JOSE Plaintiff BARRY, DAVID N Attorney
HERNANDEZ, MARIA Plaintiff BARRY, DAVID N Attorney
Otis Hayes appeared via courtcall on behalf of the plaintiff.
NATURE OF PROCEEDINGS: DEFENDANT'S DEMURRER TO THE THIRD CAUSE OF ACTION OF
PLAINTIFF'S COMPLAINT; AND DEFENDANT'S MOTION TO STRIKE PUNITIVE DAMAGES
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
Tentative announced in open court. Matter argued by counsel and submitted.
The Court makes the following findings and orders:
The court overrules Defendant's demurrer to the third cause of action in Plaintiff's Complaint. Plaintiff has alleged
facts to state a cause of action for fraudulent inducement based on Defendant's failure to disclose a material fact.
Specifically, that the specific transmission installed in the vehicle at issue was not only defective but irreparable
despite the numerous repairs suggested through the various technical service bulletins pertaining to the
transmission. As Plaintiff has stated a cause of action for fraud, the court denies Defendant's motion to strike
Plaintiff's request for punitive damages.
The Court directs Defendant to file and serve its Answer within 10 days of the Court's ruling.
The Court grants judicial notice of the existence and filing of the matters at issue in Defendant's Request for
Judicial Notice, but not to the truth of the matters asserted in those items.
Plaintiff will prepare an order consistent with this ruling for the court's signature and pursuant to California Rules
of Court, rule 3.1312.
Copy of minutes mailed to all parties as stated on the attached certificate of mailing.
FUTURE HEARINGS:
October 20, 2020 8:30 AM Case Management Conference
Lampe, David R.
Bakersfield Department 11
MINUTES FINALIZED BY: VERONICA LANCASTER ON: SEPTEMBER 18, 2020
MINUTES
Page 1 of 2
MARIA HERNANDEZ ET AL VS NISSAN NORTH AMERICA, INC., A BCV-20-100872
CALIFORNIA CORPORATION
MARIA HERNANDEZ ET AL VS NISSAN NORTH AMERICA, INC., A CALIFORNIA CORPORATION
BCV-20-100872
CERTIFICATE OF MAILING
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated September 17, 2020 attached
hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: September 18, 2020
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: September 18, 2020
Signed: 9/18/2020 02:38 PM
By:
Veronica Lancaster, Deputy Clerk
MAILING LIST
DAVID N BARRY MELISSA H ROSE
11845 W OLYMPIC BLVD STE 1270W WILSON TURNER KOSMO LLP
LOS ANGELES CA 90064 402 W BROADWAY STE 1600
SAN DIEGO CA 92101-8522
LEIGH A HODGE
BRADLEY ARANT BOULT CUMMINGS LLP
ONE FEDERAL PLACE
1819 FIFTH AVENUE NORTH
BIRMINGHAM AL 35203-2119
Certificate of Mailing
Page 2 of 2
Document Filed Date
September 17, 2020
Case Filing Date
March 26, 2020
Category
06-CV Breach of Contract/Warranty-Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 18 Date: 09/17/2020 BCV-20-100872 MARIA HERNANDEZ ET AL VS NISSAN NORTH AMERICA, INC., A CALIFORNIA CORPORATION Courtroom Staff Honorable: David R. Lampe Clerk: Veronica D. Lancaster Court reporter: . None Bailiff: Deputy Sheriff PARTIES: Present: NISSAN NORTH AMERICA, INC. Defendant, Not Present ROSE, MELISSA H. Attorney, Present HODGE, LEIGH A. Attorney, Not Present Not Present: HERNANDEZ, JOSE Plaintiff BARRY, DAVID N Attorney HERNANDEZ, MARIA Plaintiff BARRY, DAVID N Attorney Otis Hayes appeared via courtcall on behalf of the plaintiff. NATURE OF PROCEEDINGS: DEFENDANT'S DEMURRER TO THE THIRD CAUSE OF ACTION OF PLAINTIFF'S COMPLAINT; AND DEFENDANT'S MOTION TO STRIKE PUNITIVE DAMAGES The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. Tentative announced in open court. Matter argued by counsel and submitted. The Court makes the following findings and orders: The court overrules Defendant's demurrer to the third cause of action in Plaintiff's Complaint. Plaintiff has alleged facts to state a cause of action for fraudulent inducement based on Defendant's failure to disclose a material fact. Specifically, that the specific transmission installed in the vehicle at issue was not only defective but irreparable despite the numerous repairs suggested through the various technical service bulletins pertaining to the transmission. As Plaintiff has stated a cause of action for fraud, the court denies Defendant's motion to strike Plaintiff's request for punitive damages. The Court directs Defendant to file and serve its Answer within 10 days of the Court's ruling. The Court grants judicial notice of the existence and filing of the matters at issue in Defendant's Request for Judicial Notice, but not to the truth of the matters asserted in those items. Plaintiff will prepare an order consistent with this ruling for the court's signature and pursuant to California Rules of Court, rule 3.1312. Copy of minutes mailed to all parties as stated on the attached certificate of mailing. FUTURE HEARINGS: October 20, 2020 8:30 AM Case Management Conference Lampe, David R. Bakersfield Department 11 MINUTES FINALIZED BY: VERONICA LANCASTER ON: SEPTEMBER 18, 2020 MINUTES Page 1 of 2 MARIA HERNANDEZ ET AL VS NISSAN NORTH AMERICA, INC., A BCV-20-100872 CALIFORNIA CORPORATION MARIA HERNANDEZ ET AL VS NISSAN NORTH AMERICA, INC., A CALIFORNIA CORPORATION BCV-20-100872 CERTIFICATE OF MAILING The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated September 17, 2020 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: September 18, 2020 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: September 18, 2020 Signed: 9/18/2020 02:38 PM By: Veronica Lancaster, Deputy Clerk MAILING LIST DAVID N BARRY MELISSA H ROSE 11845 W OLYMPIC BLVD STE 1270W WILSON TURNER KOSMO LLP LOS ANGELES CA 90064 402 W BROADWAY STE 1600 SAN DIEGO CA 92101-8522 LEIGH A HODGE BRADLEY ARANT BOULT CUMMINGS LLP ONE FEDERAL PLACE 1819 FIFTH AVENUE NORTH BIRMINGHAM AL 35203-2119 Certificate of Mailing Page 2 of 2