[TENTATIVE] ORDER RE: DEFENDANT GENERAL MOTORS LLC’S DEMURRER AND MOTION TO STRIKE
On February 14, 2020, plaintiffs Donald C. Dragus, Lois Ann Dragus, and Kelsey Dragus (“Plaintiffs”) filed an amended complaint (“FAC”) against defendant General Motors, LLC (“Defendant”) arising from Plaintiffs’ purchase of a defective vehicle. Defendant filed a demurrer and motion to strike punitive damages on May 11, 2020.
LEGAL STANDARD
A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.)
A special demurrer for uncertainty is disfavored and will only be sustained only where the pleading is so “unfairly vague” that the defendant cannot reasonably respond—i.e., cannot reasonably determine what issues must be admitted or denied, or wh
Type
Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (General Jurisdiction)
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[TENTATIVE] ORDER RE: DEFENDANT GENERAL MOTORS LLC’S DEMURRER AND MOTION TO STRIKE
On February 14, 2020, plaintiffs Donald C. Dragus, Lois Ann Dragus, and Kelsey Dragus (“Plaintiffs”) filed an amended complaint (“FAC”) against defendant General Motors, LLC (“Defendant”) arising from Plaintiffs’ purchase of a defective vehicle. Defendant filed a demurrer and motion to strike punitive damages on May 11, 2020.
LEGAL STANDARD
A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.)
A special demurrer for uncertainty is disfavored and will only be sustained only where the pleading is so “unfairly vague” that the defendant cannot reasonably respond—i.e., cannot reasonably determine what issues must be admitted or denied, or wh