EVELYN LOPEZ VS GENERAL MOTORS, LLC

Case No.: 20STCV24953    

evelyn lopez, Plaintiff, v. GENERAL MOTORS, LLC, et al. Defendants.

Case No.: 20STCV24953

Hearing Date: October 14, 2020

[TENTATIVE] order RE:

(1) demurrer to complaint

(2) motion to strike portions of the complaint

Background

Plaintiff Evelyn Lopez (Plaintiff) commenced this lemon law action against Defendant General Motors, LLC (GM) on July 1, 2020. Plaintiff alleges that she purchased a 2018 Cadillac Escalade (Vehicle) which contained or developed transmission defects. Plaintiff asserts causes of action for (1) breach of the implied warranty of merchantability, (2) breach of express warranty, and (3) fraudulent inducement – concealment.

Demurrer

Defendant GM demurs to each of the Complaint’s causes of action.

A. First and Second Causes of Action

GM contends that Plaintiff’s first two causes of action for breach of express and........