Case Number:
20STCV16151
Hearing Date:
January 20, 2021
Dept:
48
[TENTATIVE] ORDER RE: DEFENDANT’S DEMURRER AND MOTION TO STRIKE
On
April 28, 2020, Plaintiff Eloisa Melgoza (“Plaintiff”) filed this action against Defendant Kia Motors America, Inc. (“Defendant”) arising from Plaintiff’s purchase of an allegedly defective vehicle.
The complaint alleges seven causes of action: (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of implied warranty of merchantability; (6) fraud by omission; and (7) violation of Consumer Legal Remedies Act (“CLRA”).
On August 10, 2020, the Court sustained Defendant’s demurrer to the third and sixth causes of action with leave to amend.
On August 25, 2020, Plaintiff filed a first amended complaint (“FAC”).
On October 7, 2020, Defendant again de
Hearing Date
January 20, 2021
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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Case Number:
20STCV16151
Hearing Date:
January 20, 2021
Dept:
48
[TENTATIVE] ORDER RE: DEFENDANT’S DEMURRER AND MOTION TO STRIKE
On
April 28, 2020, Plaintiff Eloisa Melgoza (“Plaintiff”) filed this action against Defendant Kia Motors America, Inc. (“Defendant”) arising from Plaintiff’s purchase of an allegedly defective vehicle.
The complaint alleges seven causes of action: (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of implied warranty of merchantability; (6) fraud by omission; and (7) violation of Consumer Legal Remedies Act (“CLRA”).
On August 10, 2020, the Court sustained Defendant’s demurrer to the third and sixth causes of action with leave to amend.
On August 25, 2020, Plaintiff filed a first amended complaint (“FAC”).
On October 7, 2020, Defendant again de