SUBJECT: Demurrer and Motion to Strike Complaint
Moving Party: Defendant Kia Motors America
Resp. Party: Plaintiff Daryl White
Defendant’s demurrer is OVERRULED.
Defendant’s motion to strike is DENIED.
BACKGROUND:
Plaintiff’s case arises out of the warranty obligations of Defendant for a 2015 Kia Optima vehicle Plaintiff purchased on March 20, 2017. (See Complaint, ¶ 11.)
On January 6, 2020, Plaintiff Daryl White commenced this lemon law action against Defendant Kia Motors America for (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act section 1793.2; (4) fraudulent inducement – concealment; (5) fraudulent inducement – intentional misrepresentation.
On February 27, 2020, Defendant filed the instant demurrer to the fourth and fifth causes of action in the complaint and motion to strike the request for punitive damages in the complaint.
ANALYSIS:
I. Demurrer
A. Legal S
Hearing Date
June 25, 2020
Type
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
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SUBJECT: Demurrer and Motion to Strike Complaint
Moving Party: Defendant Kia Motors America
Resp. Party: Plaintiff Daryl White
Defendant’s demurrer is OVERRULED.
Defendant’s motion to strike is DENIED.
BACKGROUND:
Plaintiff’s case arises out of the warranty obligations of Defendant for a 2015 Kia Optima vehicle Plaintiff purchased on March 20, 2017. (See Complaint, ¶ 11.)
On January 6, 2020, Plaintiff Daryl White commenced this lemon law action against Defendant Kia Motors America for (1) violation of Song-Beverly Act – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act section 1793.2; (4) fraudulent inducement – concealment; (5) fraudulent inducement – intentional misrepresentation.
On February 27, 2020, Defendant filed the instant demurrer to the fourth and fifth causes of action in the complaint and motion to strike the request for punitive damages in the complaint.
ANALYSIS:
I. Demurrer
A. Legal S