MOTION NO. 1:
The demurrer filed by defendant Kia Motors America, Inc. demurs to the Third, Fifth, Sixth, Seventh, and Eighth causes of action alleged in Plaintiffs’ First Amended Complaint (“FAC”) is OVERRULED in part and SUSTAINED in part with 14-days leave to amend.
Third Cause of Action for Violation of the Song-Beverly Act section 1793.2(a)(3): Defendant demurs to Plaintiffs’ third cause of action on the grounds that Plaintiffs failed to allege sufficient facts to constitute a cause of action pursuant to Code of Civil Procedure section 430.10(e).
Civil Code §1793.2(a)(3) provides: “Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: . . . [¶] (3) Make available to authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period.”
Here, the FAC alleges that Defendant “failed to make available to its authorized service and repair fac
Hearing Date
October 13, 2020
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MOTION NO. 1:
The demurrer filed by defendant Kia Motors America, Inc. demurs to the Third, Fifth, Sixth, Seventh, and Eighth causes of action alleged in Plaintiffs’ First Amended Complaint (“FAC”) is OVERRULED in part and SUSTAINED in part with 14-days leave to amend.
Third Cause of Action for Violation of the Song-Beverly Act section 1793.2(a)(3): Defendant demurs to Plaintiffs’ third cause of action on the grounds that Plaintiffs failed to allege sufficient facts to constitute a cause of action pursuant to Code of Civil Procedure section 430.10(e).
Civil Code §1793.2(a)(3) provides: “Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: . . . [¶] (3) Make available to authorized service and repair facilities sufficient service literature and replacement parts to effect repairs during the express warranty period.”
Here, the FAC alleges that Defendant “failed to make available to its authorized service and repair fac