1/21/2020
Dept. 73
Rafael Ongkeko, Judge presiding
ANTONIO TEMORES REYES, et al. v. FCA US LLC, et al. (19STCV33901)
Counsel for plaintiffs: Knight Law Group, LLP (Steve Mikhov; Sundeep Samra)
Counsel for defendants FCA US LLC and Cerritos Dodge, Inc.: Clark Hill LLP (David Brandon; Dean Olson)
DEFENDANTS’ DEMURRERS (filed 11/22/19)
TENTATIVE RULING
Defendants’ demurrers are OVERRULED. Answers shall be filed and served no later than Jan. 31, 2020.
Discussion
This is a lemon law action arising from Plaintiffs’ June 16, 2017 purchase of a new 2017 Jeep Grand Cherokee from Cerritos Dodge. Plaintiffs allege that Defendants knew the vehicle suffered from serious problems with its electrical architecture, known as the PowerNet, but continued to sell and warrant vehicles equipped with it. Instead of repairing these known defects, Defendants allegedly either refused to acknowledge their existence or performed superficial and ineffective software upgrades to mask symptoms. Plaintiffs
Hearing Date
January 21, 2020
Type
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
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1/21/2020
Dept. 73
Rafael Ongkeko, Judge presiding
ANTONIO TEMORES REYES, et al. v. FCA US LLC, et al. (19STCV33901)
Counsel for plaintiffs: Knight Law Group, LLP (Steve Mikhov; Sundeep Samra)
Counsel for defendants FCA US LLC and Cerritos Dodge, Inc.: Clark Hill LLP (David Brandon; Dean Olson)
DEFENDANTS’ DEMURRERS (filed 11/22/19)
TENTATIVE RULING
Defendants’ demurrers are OVERRULED. Answers shall be filed and served no later than Jan. 31, 2020.
Discussion
This is a lemon law action arising from Plaintiffs’ June 16, 2017 purchase of a new 2017 Jeep Grand Cherokee from Cerritos Dodge. Plaintiffs allege that Defendants knew the vehicle suffered from serious problems with its electrical architecture, known as the PowerNet, but continued to sell and warrant vehicles equipped with it. Instead of repairing these known defects, Defendants allegedly either refused to acknowledge their existence or performed superficial and ineffective software upgrades to mask symptoms. Plaintiffs