PAUL WARGO, ET AL. VS KIA MOTORS AMERICA, INC.

Case No.: 19STCV43671    

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

PAUL WARGO, et al., vs. KIA MOTORS AMERICA, INC., et al.

Case No.: 19STCV43671

Hearing Date: March 6, 2020

Defendant Kia Motors America, Inc.’s demurrer to the 3rd, 5th, 6th, and 7th COAs in Plaintiffs’ first amended complaint is sustained with leave to amend within 10 days.

Defendant’s motion to strike is moot.

A. Demurrer

Defendant Kia Motors America, Inc. (“Defendant”) demurs to the 3rd (violation of the Song Beverly Act §1793.2(a)(3)), 5th (breach of the implied warranty of merchantability under Song-Beverly), 6th (fraud by omission), and 7th (violation of the Consumer Legal Remedies Act (“CLRA”)) causes of action in the first amended complaint (“FAC”) of Plaintiffs Paul Wargo and Kimberly Wargo (“Plaintiffs”). Defendant argues Plaintiffs failed to allege su........