Background
On March 4, 2020, Sandra Rosales (Plaintiff) filed a lawsuit against Nissan North America, Inc. (Defendant). Plaintiff’s complaint alleges three causes of action, for (1) Breach of Implied Warranty of Merchantability under the Song-Beverly Warranty Act (the Act); (2) Breach of Express Warranty under the Act; and (3) Fraudulent Inducement - Concealment.
Plaintiff’s complaint centers around her October 14, 2012 purchase of a 2012 Nissan Versa (the Vehicle), which Vehicle allegedly had several defects and malfunctions. Plaintiff alleges she presented the Vehicle to Defendant’s repair personnel on several occasions, and on each occasion, those representatives confirmed the defects/malfunctions would be remedied. Plaintiff alleges that those representations were false and that the Vehicle’s defects/malfunctions still exist.
Now before the Court is Defendant’s demurrer to and motion to strike the complaint.
Demurrer
Legal Authority.
A demurrer tests the legal sufficiency of the al