Defendant General Motors, LLC’s Demurrer to Plaintiff’s First Amended Complaint is SUSTAINED without leave to amend as to the seventh cause of action. Defendant General Motors, LLC’s Motion to Strike Punitive Damages from Plaintiff’s First Amended Complaint [CCP §§ 435, 436] is GRANTED without leave to amend. Defendant has ten days to answer the FAC.
The demurrer and motion to strike are accompanied by the declaration of Deepika S. Thompson which fails to comply with the requirements of the meet and confer statutes. (CCP §§ 430.41. 435.5.) The declaration merely attests to sending a single meet and confer letter and filing a declaration in September to extend the deadline to respond based upon the parties’ inability to meet and confer. The subsequent declaration accompanying the demurrer makes no reference to what efforts, if any, were made after the meet and confer letter had been sent.
Notwithstanding this tepid attempt to meet and confer, the court shall address the merits of the
Hearing Date
November 16, 2018
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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Defendant General Motors, LLC’s Demurrer to Plaintiff’s First Amended Complaint is SUSTAINED without leave to amend as to the seventh cause of action. Defendant General Motors, LLC’s Motion to Strike Punitive Damages from Plaintiff’s First Amended Complaint [CCP §§ 435, 436] is GRANTED without leave to amend. Defendant has ten days to answer the FAC.
The demurrer and motion to strike are accompanied by the declaration of Deepika S. Thompson which fails to comply with the requirements of the meet and confer statutes. (CCP §§ 430.41. 435.5.) The declaration merely attests to sending a single meet and confer letter and filing a declaration in September to extend the deadline to respond based upon the parties’ inability to meet and confer. The subsequent declaration accompanying the demurrer makes no reference to what efforts, if any, were made after the meet and confer letter had been sent.
Notwithstanding this tepid attempt to meet and confer, the court shall address the merits of the