The defendants’ request for judicial notice is granted. The plaintiff’s request for judicial notice is denied. The defendants’ demurrer is sustained as to the 2nd and 3rd causes of action with 28 days leave to amend, but otherwise overruled. Analysis: The documents of which the plaintiff seeks judicial notice do not assist the Court in resolving the issues raised regarding the sufficiency of the allegations of the FAC. With regard to the second cause of action, Defendants argue that Plaintiff was not damaged by any alleged disclaimer of warranty because Plaintiff did not make a claim during the implied warranty period. (Memo in Support, p. 7:16-22.) As to the third cause of action, Defendants argue that there is no allegation that the Motorcycle did not conform to the promises made or that it did not operate as expected. Defendants’ arguments are well taken. First, the FAC does not set forth any damages suffered as a result of an alleged disclaimer of implied warranties. Further, while
Hearing Date
January 13, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
The defendants’ request for judicial notice is granted. The plaintiff’s request for judicial notice is denied. The defendants’ demurrer is sustained as to the 2nd and 3rd causes of action with 28 days leave to amend, but otherwise overruled. Analysis: The documents of which the plaintiff seeks judicial notice do not assist the Court in resolving the issues raised regarding the sufficiency of the allegations of the FAC. With regard to the second cause of action, Defendants argue that Plaintiff was not damaged by any alleged disclaimer of warranty because Plaintiff did not make a claim during the implied warranty period. (Memo in Support, p. 7:16-22.) As to the third cause of action, Defendants argue that there is no allegation that the Motorcycle did not conform to the promises made or that it did not operate as expected. Defendants’ arguments are well taken. First, the FAC does not set forth any damages suffered as a result of an alleged disclaimer of implied warranties. Further, while