# 19

raelene arreguin, Plaintiff, v. preferred auto body shop, llc, Defendant.

Case No.: EC067509

Hearing Date: October 26, 2018

[TENTATIVE] order RE:

demurrer;

motion to strike

BACKGROUND

In this action, Plaintiff Raelene Arreguin (“Plaintiff”) alleges that Defendant Preferred Auto Body Shop, LLC (“Defendant”) wrongfully possessed her 2013 Ford Fusion (“Vehicle”) sometime in February 2017, and refused to release it to her. The second amended complaint (“SAC”), filed July 9, 2018, alleges causes of action for: (1) intentional tort – trespass to chattels; (2) intentional tort – conversion; and (3) violation of Consumers Legal Remedies Act (Civil Code, §1750 et seq.).

Defendant filed a demurrer to the SAC and a motion to strike portions of the SAC. Plaintiff opposes both the demurrer and the motion to strike.

LEGAL STANDARD

A demu........