Tentative Ruling on Demurrer/Motion to Strike First Amended Complaint
Mello v. General Motors, Case No. 2018-48477
June 14, 2019, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This is a Song-Beverly Consumer Warranty Act "lemon law" case involving a used 2011 Chevrolet Cruze purchased by plaintiff Matthew Mello ("plaintiff") in August of 2013. Plaintiff alleges "defects relating to the Vehicle's engine; defects causing storage of Diagnostic Trouble Code (DTC) P00B7; defects causing insufficient engine coolant flow; defects causing low coolant levels between service visits; defects causing water pump leaks; defects causing water outlet leaks; defects causing the surge tank hose seal to fail; defects causing oil filter housing leaks; [and] defects causing low oil levels between service visits." ROA 1, paragraph 9. The complaint was filed in September of 2018.
At a due-course CMC, this court set the case for trial in September of 2019. ROA 23-28.
Defendant General Motors,
Hearing Date
June 13, 2019
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Tentative Ruling on Demurrer/Motion to Strike First Amended Complaint
Mello v. General Motors, Case No. 2018-48477
June 14, 2019, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This is a Song-Beverly Consumer Warranty Act "lemon law" case involving a used 2011 Chevrolet Cruze purchased by plaintiff Matthew Mello ("plaintiff") in August of 2013. Plaintiff alleges "defects relating to the Vehicle's engine; defects causing storage of Diagnostic Trouble Code (DTC) P00B7; defects causing insufficient engine coolant flow; defects causing low coolant levels between service visits; defects causing water pump leaks; defects causing water outlet leaks; defects causing the surge tank hose seal to fail; defects causing oil filter housing leaks; [and] defects causing low oil levels between service visits." ROA 1, paragraph 9. The complaint was filed in September of 2018.
At a due-course CMC, this court set the case for trial in September of 2019. ROA 23-28.
Defendant General Motors,