20-131 Diaz Demurrer FAC 2/3/2021
Defendant Hyundai Motor America (“Defendant” or “HMA”) presents its demurrer to the First Amended Complaint (FAC) of Plaintiffs Brianna G. Diaz (“Diaz”) and Ileana Castillo-Diaz (“Castillo-Diaz”) (collectively “Plaintiffs”), as well as its motion to strike certain allegations in the FAC. Having read and considered the motions, opposition, and reply, the court issues the following tentative ruling:
Defendant’s request for judicial notice is granted.
This is a Lemon Law case involving alleged violations of the Song-Beverly Act and fraud regarding purported defects in the engine of a vehicle purchased by Plaintiffs. In the First Amended Complaint (“FAC”), Plaintiffs allege that in February 2019, they bought a 2018 Hyundai Sonata. (FAC, ¶11.) Certain Sonatas, along with other Hyundai models, were equipped with an engine known as a Theta II. (FAC, ¶19.) According to the FAC, Theta II engines are defective and Defendant knew or should have known of the Th
Hearing Date
February 01, 2021
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20-131 Diaz Demurrer FAC 2/3/2021
Defendant Hyundai Motor America (“Defendant” or “HMA”) presents its demurrer to the First Amended Complaint (FAC) of Plaintiffs Brianna G. Diaz (“Diaz”) and Ileana Castillo-Diaz (“Castillo-Diaz”) (collectively “Plaintiffs”), as well as its motion to strike certain allegations in the FAC. Having read and considered the motions, opposition, and reply, the court issues the following tentative ruling:
Defendant’s request for judicial notice is granted.
This is a Lemon Law case involving alleged violations of the Song-Beverly Act and fraud regarding purported defects in the engine of a vehicle purchased by Plaintiffs. In the First Amended Complaint (“FAC”), Plaintiffs allege that in February 2019, they bought a 2018 Hyundai Sonata. (FAC, ¶11.) Certain Sonatas, along with other Hyundai models, were equipped with an engine known as a Theta II. (FAC, ¶19.) According to the FAC, Theta II engines are defective and Defendant knew or should have known of the Th