DEMURRER IS OVERRULED; MOTION TO STRIKE IS DENIED.
Background
On October 18, 2020, Plaintiff Daniel Kang filed the instant action against Volvo Cars of North America, LLC aka Volvo Cars US, LLC (“Volvo NA”); Volvo of Santa Monica (“Volvo SM”); and Does 1 through 10. On January 15, 2020, Plaintiff filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for:
Violation of Subdivision (d) of Civil Code Section 1793.2 (against Volvo NA);
Violation of Subdivision (b) of Civil Code Section 1793.2 (against Volvo NA);
Violation of Subdivision (a)(3) of Civil Code Section 1793.2 (against Volvo NA);
Breach of Express Written Warranty (Civ. Code § 1791.2, subd. (a); § 1794) (against Volvo NA);
Breach of the Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795.5) (against Volvo NA);
Fraud by Omission (against Volvo NA); and
Negligent Repair (against Volvo SM).
Defendant Volvo NA (hereinafter “Defendant”) demurs to the first through sixth causes of ac
Hearing Date
July 14, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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DEMURRER IS OVERRULED; MOTION TO STRIKE IS DENIED.
Background
On October 18, 2020, Plaintiff Daniel Kang filed the instant action against Volvo Cars of North America, LLC aka Volvo Cars US, LLC (“Volvo NA”); Volvo of Santa Monica (“Volvo SM”); and Does 1 through 10. On January 15, 2020, Plaintiff filed the First Amended Complaint (“FAC”). The FAC asserts causes of action for:
Violation of Subdivision (d) of Civil Code Section 1793.2 (against Volvo NA);
Violation of Subdivision (b) of Civil Code Section 1793.2 (against Volvo NA);
Violation of Subdivision (a)(3) of Civil Code Section 1793.2 (against Volvo NA);
Breach of Express Written Warranty (Civ. Code § 1791.2, subd. (a); § 1794) (against Volvo NA);
Breach of the Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795.5) (against Volvo NA);
Fraud by Omission (against Volvo NA); and
Negligent Repair (against Volvo SM).
Defendant Volvo NA (hereinafter “Defendant”) demurs to the first through sixth causes of ac