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