DEMURRER ON 1ST AMENDED
COMPLAINT FOR BUSINESS
FCA US LLC VS K&N
CVRI2200660
TORT/UNFAIR BUSINESS PRACTICE
ENGINEERING, INC.
(OVER $25,000) OF FCA US LLC BY
K&N ENGINEERING, INC.
Tentative Ruling:
The Court overrules Defendant’s demurrer.
Defendant is to file an answer within 20 days.
The Court denies Defendant’s request for judicial notice.
Factual / Procedural Context:
FCA
US
LLC
(“Plaintiff”) alleges
that
K&N
Engineering,
Inc.
(“Defendant”)
made
false
claims
about
the
performance
of
the
aftermarket
filters
that
they
produced.
Plaintiff
believes
that
Defendant’s
intention
with
these
false
statements
is
to cause
California
consumers
to
stop
purchasing Plaintiff’s air filters, and instead purchase Defendant’s replacement air filters, enticed
by
the
false
representations.
The
operative
pleading
is the
first amended
complaint,
which
followed
the
Defendant’s original
demurrer.
Like the
prior
complaint,
the FAC
also
asserts one
cause
of action
for violation
of
Business
&
Professions
Code