ERIC ESCORSIA; Plaintiff, vs. kia motors america, inc., et al.; Defendants.
Case No.: BC 719448
Hearing Date: May 29, 2019
RULING RE:
DEFENDANT kia motors america, inc.’s DEMURRER and motion to strike portions of the second amended complaint.
Defendant Kia Motors America, Inc.’s Demurrer to the Second Amended Complaint is SUSTAINED, without leave to amend, as to the Fifth Cause of Action for Breach of Implied Warranty of Merchantability, and OVERRULED as to the Third, Fourth, Sixth, and Seventh Causes of Action.
Defendant Kia Motors America, Inc.’s Motion to Strike Portions of the Second Amended Complaint is DENIED.
Factual Background
This is a Lemon Law case. The Second Amended Complaint (“SAC”) alleges as follows. In September 2012, Plaintiff Eric Escorsia (“Escorsia”) purchased a 2012 Kia Optima with an express warranty. (SAC ¶¶ 6–7.) During the warranty period, the vehicle developed various engine defects. (SAC ¶ 8.) Defendant Kia Motors America, Inc. (“Kia”) knew before Es
Hearing Date
May 29, 2019
Type
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
ERIC ESCORSIA; Plaintiff, vs. kia motors america, inc., et al.; Defendants.
Case No.: BC 719448
Hearing Date: May 29, 2019
RULING RE:
DEFENDANT kia motors america, inc.’s DEMURRER and motion to strike portions of the second amended complaint.
Defendant Kia Motors America, Inc.’s Demurrer to the Second Amended Complaint is SUSTAINED, without leave to amend, as to the Fifth Cause of Action for Breach of Implied Warranty of Merchantability, and OVERRULED as to the Third, Fourth, Sixth, and Seventh Causes of Action.
Defendant Kia Motors America, Inc.’s Motion to Strike Portions of the Second Amended Complaint is DENIED.
Factual Background
This is a Lemon Law case. The Second Amended Complaint (“SAC”) alleges as follows. In September 2012, Plaintiff Eric Escorsia (“Escorsia”) purchased a 2012 Kia Optima with an express warranty. (SAC ¶¶ 6–7.) During the warranty period, the vehicle developed various engine defects. (SAC ¶ 8.) Defendant Kia Motors America, Inc. (“Kia”) knew before Es