KOJIKIAN v. AMERICAN HONDA MOTOR CO.

DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT

MOTION TO STRIKE NATIONWIDE CLASS ALLEGATIONS IN PLAINTIFFS’ FIRST AMENDED CLASS ACTION COMPLAINT

TENTATIVE RULING

1) Sustain, without leave to amend, demurrer to non-California warranty claims and demurrer to Magnuson-Moss claim, to the extent it is premised on non-California warranty claims; otherwise, overrule demurrer in its entirety

2) Grant motion to strike

I. Background

Plaintiffs Armen Kojikian and Time Traders, Inc. have filed this putative nationwide consumer class action complaint against Defendant American Honda Motor Co. Inc. (“Honda”). Plaintiffs allege that Honda designed, manufactured, sold and distributed vehicles equipped with a defective engine, which consumes excessive oil, directly affecting the use, enjoyment and drivability of the vehicle. [First Amended Complaint (“FAC”), ¶24.] The models of the effective vehicles include the 2007-2013 Acura MDX, 2009-2012 Acura RL