Superior Court of California
County of Los Angeles
Southwest District
Torrance Dept. B
NICOLE A. SERUTO, Plaintiff,
Case No.: 18TRCV00207 vs. [Tentative] RULING
NISSAN MOTOR ACCEPTANCE CORP., et al., Defendants.
Hearing Date: June 14, 2019
Moving Parties: Defendant State Farm
Responding Party: Plaintiff Nicole A. Seruto
(1) Demurrer to Complaint
(2) Motion to Strike
The court considered the moving, opposition, and reply papers.
RULING
The demurrer is OVERRULED as to the 5rd cause of action for breach of contract and SUSTAINED WITHOUT LEAVE TO AMEND as to the 3rd cause of action for negligence, 6th cause of action for unfair business practices, and “6th” cause of action for breach of covenant of good faith and fair dealing. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND.
BACKGROUND
On December 20, 2018, Nicole A. Seruto filed a complaint against Autonation Infiniti South Bay, Nissan Motor Acceptance Corp., Nissan North America, Inc., State Farm Mutual Automobile
Hearing Date
June 14, 2019
Type
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
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Superior Court of California
County of Los Angeles
Southwest District
Torrance Dept. B
NICOLE A. SERUTO, Plaintiff,
Case No.: 18TRCV00207 vs. [Tentative] RULING
NISSAN MOTOR ACCEPTANCE CORP., et al., Defendants.
Hearing Date: June 14, 2019
Moving Parties: Defendant State Farm
Responding Party: Plaintiff Nicole A. Seruto
(1) Demurrer to Complaint
(2) Motion to Strike
The court considered the moving, opposition, and reply papers.
RULING
The demurrer is OVERRULED as to the 5rd cause of action for breach of contract and SUSTAINED WITHOUT LEAVE TO AMEND as to the 3rd cause of action for negligence, 6th cause of action for unfair business practices, and “6th” cause of action for breach of covenant of good faith and fair dealing. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND.
BACKGROUND
On December 20, 2018, Nicole A. Seruto filed a complaint against Autonation Infiniti South Bay, Nissan Motor Acceptance Corp., Nissan North America, Inc., State Farm Mutual Automobile