SUBJECT: Demurrer
Moving Party: Defendant General Motors, LLC
Resp. Party: Plaintiff Elinoy Shalev
Defendant’s demurrer to the second and fourth causes of action is OVERRULED. Defendant’s demurrer to the third cause of action is OVERRULED as moot.
PRELIMINARY COMMENT:
Defendant’s demurrer is missing page numbers, in violation of California Rules of Court, rules 2.109, 3.1110(c). This makes it more difficult for the Court to cite to the correct pages of the demurrer. The citations below were added by counting the pages. In the future, the Court expects counsel to comply with all Rules of Court concerning the filing of documents.
BACKGROUND:
On August 29, 2019, Plaintiff Elinoy Shalev commenced this action against Defendant General Motors, LLC for (1) breach of implied warranty of merchantability under the Song-Beverly Warranty Act; (2) breach of express warranty under the Song-Beverly Warranty Act; (3) violation of the Song-Beverly Warranty Act section 1793.2; and (4) fraudulent
Hearing Date
November 22, 2019
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
SUBJECT: Demurrer
Moving Party: Defendant General Motors, LLC
Resp. Party: Plaintiff Elinoy Shalev
Defendant’s demurrer to the second and fourth causes of action is OVERRULED. Defendant’s demurrer to the third cause of action is OVERRULED as moot.
PRELIMINARY COMMENT:
Defendant’s demurrer is missing page numbers, in violation of California Rules of Court, rules 2.109, 3.1110(c). This makes it more difficult for the Court to cite to the correct pages of the demurrer. The citations below were added by counting the pages. In the future, the Court expects counsel to comply with all Rules of Court concerning the filing of documents.
BACKGROUND:
On August 29, 2019, Plaintiff Elinoy Shalev commenced this action against Defendant General Motors, LLC for (1) breach of implied warranty of merchantability under the Song-Beverly Warranty Act; (2) breach of express warranty under the Song-Beverly Warranty Act; (3) violation of the Song-Beverly Warranty Act section 1793.2; and (4) fraudulent