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Randall J. SHERMAN
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September 28, 2018
Orange County, CA
Sep 28, 2018
Jul 13, 2018
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Defendant Hyundai Motor America’s Demurrer to Plaintiff’s Second Amended Complaint is overruled. Defendant must file an Answer within 10 days. Plaintiff’s allegation that several Hyundai repair facilities would not provide her with her warrantied services satisfies Civil Code §1770(a) and provides her with a cause of action under the CLRA, as well as under Magnuson-Moss. Whether Hyundai maintained sufficient service and repair facilities reasonably close to all areas where its consumer goods are sold, as required by the Song-Beverly Act, Civil Code §1793.2(a)(1)(A), is an issue of fact and cannot be resolved on demurrer. The Act does not limit the benefit to the place of purchase or lease. Plaintiff’s allegations also satisfy the UCL. Plaintiff does not admit that she received all the charging credits to which she was entitled, since her first credit was for September, not August, after leasing the vehicle in July 2017. The fact that plaintiff’s husband, acting as her agen........
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