melinda leblanc, Plaintiff, vs. kia motors america, inc., et al. Defendants.

Case No.: 19STCV21435

Hearing Date: March 13, 2020

Hearing Time: 8:30 a.m.

[TENTATIVE] ORDER RE:

DEFENDANT KIA MOTORS AMERICA, INC.’S DEMURRER TO THE FIFTH AND SIXTH CAUSES OF ACTION OF PLAINTIFF’S FIRST AMENDED COMPLAINT;

DEFENDANT KIA MOTORS AMERICA, INC.’S MOTION TO STRIKE PLAINTIFF’S FIRST AMENDED COMPLAINT

Background

This is a Lemon Law action. Defendant Kia Motors America, Inc. (“Kia”) brings this demurrer to the fifth (breach of the implied warranty of merchantability) and sixth (fraud by omission) causes of action of the First Amended Complaint (“FAC”) of Plaintiff Melinda Leblanc (“Leblanc”). Kia also moves to strike allegations relating to punitive damages. Leblanc opposes.

Discussion

Demurrer

A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. ((Blank v. Kirwan (1985) 39