JUAN ARREGUIN, ET AL. VS KIA MOTORS AMERICA, INC. A CALIFORNIA CORPORATION

STATEMENT OF FACTS

Plaintiffs allege that there were various defects with the 2015 KIA Optima they leased, including a defective Theta II engine.

Defendant Kia Motors America, Inc. demurs to complaint and moves to strike portions thereof.

RECOMMENDED TENTATIVE RULING

Defendant Kia Motors America, Inc.’s demurrer to the Complaint is SUSTAINED with 30 days leave to amend as to the fourth and fifth causes of action.

Defendant’s motion to strike is GRANTED IN PART AND DENIED IN PART, with 30 days leave to amend, as set forth below.

DISCUSSION:

Demurrer

Meet and Confer

The Declaration of Stefanie G. Jo reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied.

1. Fourth Cause of Action (Fraudulent Inducement – Concealment).

A. Re: No Fiduciary Relationship/Duty To Disclose.

Defendant argues t........