Judge: Christian R. Gullon, Case: 23PSCV00925, Date: 2023-08-15 Tentative Ruling

Case Number: 23PSCV00925    Hearing Date: February 27, 2024    Dept: O

Tentative Ruling

 

(1)   DEFENDANT GENERAL MOTORS LLC’S DEMURRER TO PLAINTIFF’S SAC is SUSTAINED WITHOUT leave to amend.

 

(2)   MOTION TO STRIKE PUNITIVE DAMAGES FROM PLAINTIFF’S COMPLAINT is GRANTED without leave to amend.

 

Background

 

This is a lemon law case. Plaintiff alleges that vehicle purchased (a Chevrolet Silverado) was equipped with a defective Hydra-Matic 8L90 transmission.

 

On March 30, 2023, Plaintiff HILARIO SALVADOR GARCIA filed suit against Defendant General Motors LLC (Defendant or GM) for the following causes of action (COA):


1.     Violation Of Song-Beverly Act - Breach Of Express Warranty

2.     Violation Of Song-Beverly Act - Breach Of Implied Warranty

3.     Violation Of The Song Beverly Act Section 1793.2

4.     Fraud – Fraudulent Inducement – Concealment

 

On May 1, 2023, Defendant filed a demurrer (as to 4th COA) with a motion to strike (MTS).

 

On July 31, 2023, Plaintiff filed a FAC for the same COAs, which rendered the 5/1/23 demurrer and MTS moot.

 

On August 30, 2023, Defendant filed a demurrer and MTS to the FAC, which the court on 10/5/23 sustained with leave to amend.

 

On December 27, 2023, Plaintiff filed its SAC.

 

On January 26, 2024, Defendant filed the instant demurrer x MTS to the SAC.

 

On February 13, 2024, Plaintiff filed an opposition.

 

On February 20, 2024, Defendant filed its reply.

 

Discussion

 

Defendant again demurs to the 4th COA for Fraud-Fraudulent Inducement-Concealment on the grounds that it (i) fails to state facts relevant to the elements of the claim and (ii) fails to allege a transactional relationship giving rise to a duty to disclose.

 

The court need not reach the specific arguments raised in the papers as Plaintiff failed to cure the defects noted in the court’s 10/5/23 ruling.

 

Previously, the court took issue with Plaintiff’s 4th COA improperly incorporating 126 allegations and 24 pages worth of allegations. This failure to plead essential facts inherently tied into Defendants’ basis for demurrer which is that Plaintiffs fail to plead sufficient facts. Thus, the court gave leave to amend “to allow for Plaintiff to add the essential allegations to the fraud COA within the 4th COA.” (See 10/5/23 ruling.)

 

While Plaintiff may now not incorporate the relevant allegations by reference, it again fails to provide the relevant facts to support its 4th COA. Instead, Plaintiff provides 18 pages worth of allegations. (See SAC pp. 11-29.) And despite the court’s note that the only relevant allegations should pertain to the 8L90 transmission, Plaintiff again interchange between the 8L90 and 8L45 transmissions. What is more, the SAC references other models (e.g., GMC Sierras, GMC Yukon XLs), meaning that SAC is providing irrelevant allegations.

 

Therefore, as Plaintiff has not used pled the relevant facts to support its 4th COA for fraud, the demurrer is SUSTAINED without leave to amend, which strikes any request for punitive damages.

 

Conclusion

 

Based on the foregoing, the demurrer as to the 4th COA for fraud/concealment is sustained without leave to amend and the motion to strike is granted without leave to amend.