DEMURRER IS OVERRULED; MOTION TO STRIKE IS DENIED.
Background
On June 19, 2019, Plaintiffs Jessica Stevens and Frederick Stevens filed the instant action against Defendants NBA Automotive, Inc. dba Nissani Bros. Chevrolet (hereinafter “Nissani”); TD Auto Finance, LLC (“TD Auto Finance”); Merchants Bonding Company (Mutual) (“Merchants”); and Does 1 through 75. On January 2, 2020, Plaintiffs filed the Third Amended Complaint (“TAC”), which includes Defendant General Motors, LLC. The TAC asserts causes of action for:
Violation of the Consumers Legal Remedies Act;
Violation of the Song-Beverly Consumer Warranty Act;
Violation of Business and Professions Code § 17200, et seq.;
Fraud and Deceit;
Negligent Misrepresentation; and
Violation of Vehicle Code § 11711, et seq.
Defendant General Motors, LLC (hereinafter “Defendant” or “GM”) demurs to the first, fourth, and fifth causes of action.
Legal Standard on Demurrer
A demurrer for sufficiency tests whether the complaint states a ca
Hearing Date
July 14, 2020
Type
Fraud (no contract) (General Jurisdiction)
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DEMURRER IS OVERRULED; MOTION TO STRIKE IS DENIED.
Background
On June 19, 2019, Plaintiffs Jessica Stevens and Frederick Stevens filed the instant action against Defendants NBA Automotive, Inc. dba Nissani Bros. Chevrolet (hereinafter “Nissani”); TD Auto Finance, LLC (“TD Auto Finance”); Merchants Bonding Company (Mutual) (“Merchants”); and Does 1 through 75. On January 2, 2020, Plaintiffs filed the Third Amended Complaint (“TAC”), which includes Defendant General Motors, LLC. The TAC asserts causes of action for:
Violation of the Consumers Legal Remedies Act;
Violation of the Song-Beverly Consumer Warranty Act;
Violation of Business and Professions Code § 17200, et seq.;
Fraud and Deceit;
Negligent Misrepresentation; and
Violation of Vehicle Code § 11711, et seq.
Defendant General Motors, LLC (hereinafter “Defendant” or “GM”) demurs to the first, fourth, and fifth causes of action.
Legal Standard on Demurrer
A demurrer for sufficiency tests whether the complaint states a ca