The general Demurrer (ROA # 35, 44) of Defendant Kia Motors America, Inc. ("Defendant" or "KMA") to the Fifth, Sixth and Seventh Causes of Action asserted by Plaintiff Ryan Higginson ("Plaintiff") against KMA in Plaintiff's First Amended Complaint ("FAC"), is OVERRULED IN PART and SUSTAINED IN PART.
The Demurrer is OVERRULED to causes of action 5 and 6, and is SUSTAINED to cause of action 7. Leave to amend will not be permitted and Defendant is ordered to file and serve its Answer to the surviving causes of action within twenty (20) days of this hearing. This ruling is premised on the analysis set forth below.
WHETHER CAUSES OF ACTION 5 - 7 ARE BARRED BY THE APPLICABLE STATUTES OF LIMITATIONS?
Paragraph 6 of the FAC alleges Plaintiff purchased the subject vehicle on July 20, 2013. Paragraph 8 alleges that the subject defects developed during the warranty period. Paragraph 105 alleges: "At the time of purchase and / or lease, or within one-year thereafter, the Vehicle contained or de
Hearing Date
November 17, 2020
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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The general Demurrer (ROA # 35, 44) of Defendant Kia Motors America, Inc. ("Defendant" or "KMA") to the Fifth, Sixth and Seventh Causes of Action asserted by Plaintiff Ryan Higginson ("Plaintiff") against KMA in Plaintiff's First Amended Complaint ("FAC"), is OVERRULED IN PART and SUSTAINED IN PART.
The Demurrer is OVERRULED to causes of action 5 and 6, and is SUSTAINED to cause of action 7. Leave to amend will not be permitted and Defendant is ordered to file and serve its Answer to the surviving causes of action within twenty (20) days of this hearing. This ruling is premised on the analysis set forth below.
WHETHER CAUSES OF ACTION 5 - 7 ARE BARRED BY THE APPLICABLE STATUTES OF LIMITATIONS?
Paragraph 6 of the FAC alleges Plaintiff purchased the subject vehicle on July 20, 2013. Paragraph 8 alleges that the subject defects developed during the warranty period. Paragraph 105 alleges: "At the time of purchase and / or lease, or within one-year thereafter, the Vehicle contained or de