Superior Court of California
manuel carrillo; and MARIA CARILLO; Plaintiffs, v. KIA MOTORS AMERICA, INC., et al., Defendants.
Case No.: 20STCV20304
Hearing Date: November 5, 2020
[TENTATIVE] order RE:
defendants’ DEMURRER to the complaint and motion to strike
Procedural Background
On May 28, 2020, Plaintiffs Manuel Carrillo and Maria Carrillo (jointly “Plaintiffs”) filed this action against Kia Motors America, Inc. (“Defendant”) alleging causes of action for: (1) Violation of Civil Code § 1793.2(d), (2) Violation of Civil Code § 1793.2(b), (3) Violation of Civil Code § 1793.2(a)(3), (4) Breach of Express Written Warranty, (5) Breach of the Implied Warranty of Merchantability, (6) Fraud by Omission, and (7) Violation of the Consumer Legal Remedies Act.
On July 9, 2020, Defendant filed the instant demurrer to the third, fifth, sixth, and seventh causes of action and a motion to strike the prayer for punitive damages. On October 23, 2020, Plaintiffs filed an opposition to the demu
Hearing Date
November 05, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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Superior Court of California
manuel carrillo; and MARIA CARILLO; Plaintiffs, v. KIA MOTORS AMERICA, INC., et al., Defendants.
Case No.: 20STCV20304
Hearing Date: November 5, 2020
[TENTATIVE] order RE:
defendants’ DEMURRER to the complaint and motion to strike
Procedural Background
On May 28, 2020, Plaintiffs Manuel Carrillo and Maria Carrillo (jointly “Plaintiffs”) filed this action against Kia Motors America, Inc. (“Defendant”) alleging causes of action for: (1) Violation of Civil Code § 1793.2(d), (2) Violation of Civil Code § 1793.2(b), (3) Violation of Civil Code § 1793.2(a)(3), (4) Breach of Express Written Warranty, (5) Breach of the Implied Warranty of Merchantability, (6) Fraud by Omission, and (7) Violation of the Consumer Legal Remedies Act.
On July 9, 2020, Defendant filed the instant demurrer to the third, fifth, sixth, and seventh causes of action and a motion to strike the prayer for punitive damages. On October 23, 2020, Plaintiffs filed an opposition to the demu