HEARING DATE: Monday, July 29, 2019
NOTICE: OK
RE: Chiron v. Hyundai Motor America, et al. (18PSCV00128)
______________________________________________________________________________
Defendant Hyundai Motor America’s DEMURRER TO PLAINTIFF’S FIRST AMENDED
COMPLAINT
Responding Party: Plaintiff, Ruth Chiron
Tentative Ruling
Defendant Hyundai Motor America’s Demurrer to Plaintiff’s First Amended Complaint is SUSTAINED. The court will hear from counsel for Plaintiff as to whether leave to amend is requested, and as to which cause(s) of action, and will require an offer of proof if so.
Background
Plaintiff Ruth Chiron (“Plaintiff”) alleges that the 2013 Hyundai Elantra, VIN 5NPDH4AE2D199444 (“subject vehicle”) she purchased from Glendora Hyundai is defective. On May 6, 2019, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants Hyundai Motor America, Glendora Hyundai and Does 1-20 for:
Breach of Implied Warranty of Merchantability under Song-Bev
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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HEARING DATE: Monday, July 29, 2019
NOTICE: OK
RE: Chiron v. Hyundai Motor America, et al. (18PSCV00128)
______________________________________________________________________________
Defendant Hyundai Motor America’s DEMURRER TO PLAINTIFF’S FIRST AMENDED
COMPLAINT
Responding Party: Plaintiff, Ruth Chiron
Tentative Ruling
Defendant Hyundai Motor America’s Demurrer to Plaintiff’s First Amended Complaint is SUSTAINED. The court will hear from counsel for Plaintiff as to whether leave to amend is requested, and as to which cause(s) of action, and will require an offer of proof if so.
Background
Plaintiff Ruth Chiron (“Plaintiff”) alleges that the 2013 Hyundai Elantra, VIN 5NPDH4AE2D199444 (“subject vehicle”) she purchased from Glendora Hyundai is defective. On May 6, 2019, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants Hyundai Motor America, Glendora Hyundai and Does 1-20 for:
Breach of Implied Warranty of Merchantability under Song-Bev