Sergio Proa v. Kia Motors America, Inc.
(1) AMENDED DEMURRER TO COMPLAINT
(2) AMENDED MOTION TO STRIKE
MOVING PARTY: (1) & (2) Defendant Kia Motors America, Inc.
RESPONDING PARTY(S): (1) & (2) Plaintiff Sergio Proa
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Plaintiffs allege that there were various defects with the 2011 KIA Optima they purchased.
Defendant Kia Motors America, Inc. demurs to the complaint and moves to strike portions thereof.
TENTATIVE RULING:
Defendant Kia Motors America, Inc.’s demurrer to the Complaint is SUSTAINED with leave to amend as to the third, fifth and sixth causes of action and without leave to amend as to the fourth cause of action.
The motion to strike is DENIED as to the allegation at ¶ 18, Page 5:8-11 and ¶ 20, Page 5:20-23 of the Complaint regarding the allegation that KMA knew certain 2011-2014 model year Kia vehicles had engine defects and the prayer for punitive damages.
Plaintiff is given 30 days leave to amend.
DISCUSSION:
Demurr
Hearing Date
October 22, 2018
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
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Sergio Proa v. Kia Motors America, Inc.
(1) AMENDED DEMURRER TO COMPLAINT
(2) AMENDED MOTION TO STRIKE
MOVING PARTY: (1) & (2) Defendant Kia Motors America, Inc.
RESPONDING PARTY(S): (1) & (2) Plaintiff Sergio Proa
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Plaintiffs allege that there were various defects with the 2011 KIA Optima they purchased.
Defendant Kia Motors America, Inc. demurs to the complaint and moves to strike portions thereof.
TENTATIVE RULING:
Defendant Kia Motors America, Inc.’s demurrer to the Complaint is SUSTAINED with leave to amend as to the third, fifth and sixth causes of action and without leave to amend as to the fourth cause of action.
The motion to strike is DENIED as to the allegation at ¶ 18, Page 5:8-11 and ¶ 20, Page 5:20-23 of the Complaint regarding the allegation that KMA knew certain 2011-2014 model year Kia vehicles had engine defects and the prayer for punitive damages.
Plaintiff is given 30 days leave to amend.
DISCUSSION:
Demurr