DEF Kia Motors America, Inc. 1. Demurrer to Amended Complaint 2. Motion to Strike Demurrer to SAC Defendant Kia Motors America, Inc. (“Defendant”) demurs to the fifth and sixth causes of action in the second amended complaint (“SAC”) filed by plaintiff Hope Vera (“Plaintiff”) on the ground that plaintiff failed to allege sufficient facts to support these causes of action.
The Court notes as an initial matter that Plaintiff did not comply with California Rules of Court, Rule 3.1113(d), which limits an opposition memorandum to 15 pages. Plaintiff did not seek leave to file a longer opposition. However, Defendant did not object to the opposition. As such, the Court exercises its discretion to consider the entire opposition.
The Court also notes that this Court has sustained with leave to amend Defendant’s demurrer to Plaintiff’s fifth and sixth causes of action on two prior occasions.
On 7/11/2019, Defendant’s demurrer to the fifth and sixth causes of action were sustained with leave to a
Hearing Date
October 08, 2020
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DEF Kia Motors America, Inc. 1. Demurrer to Amended Complaint 2. Motion to Strike Demurrer to SAC Defendant Kia Motors America, Inc. (“Defendant”) demurs to the fifth and sixth causes of action in the second amended complaint (“SAC”) filed by plaintiff Hope Vera (“Plaintiff”) on the ground that plaintiff failed to allege sufficient facts to support these causes of action.
The Court notes as an initial matter that Plaintiff did not comply with California Rules of Court, Rule 3.1113(d), which limits an opposition memorandum to 15 pages. Plaintiff did not seek leave to file a longer opposition. However, Defendant did not object to the opposition. As such, the Court exercises its discretion to consider the entire opposition.
The Court also notes that this Court has sustained with leave to amend Defendant’s demurrer to Plaintiff’s fifth and sixth causes of action on two prior occasions.
On 7/11/2019, Defendant’s demurrer to the fifth and sixth causes of action were sustained with leave to a