ELVIA MARTINEZ VS FCA US LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

DEMURRER TO 4TH CAUSE OF ACTION IS SUSTAINED WITH LEAVE TO AMEND.

Background

On August 8, 2019, Plaintiff Elvia Martinez filed the instant action against Defendants FCA US LLC (“FCA”); Champion Dodge, LLC dba Champion Chrysler Jeep Dodge Ram Fiat (“Champion Dodge”); and Does 1 through 10. The Complaint asserts causes of action for:

Violation of Song-Beverly Act – Breach of Express Warranty (against FCA);

Violation of Song-Beverly Act – Breach of Implied Warranty (against FCA);

Violation of the Song-Beverly Act section 1793.2 (against FCA); and

Negligent Repair (against Champion Dodge).

Defendant demurs to the fourth cause of action for negligent repair on the grounds that it fails to state facts sufficient to constitute a cause of action and is barred by the Economic Loss Rule.

Legal Standard

A demurrer for sufficiency tests whether the complaint states a ........