Judge: Christian R. Gullon, Case: 23PSCV03273, Date: 2024-05-09 Tentative Ruling
Case Number: 23PSCV03273 Hearing Date: May 9, 2024 Dept: O
Tentative Ruling
DEFENDANT GENERAL MOTORS LLC’S NOTICE OF DEMURRER AND
DEMURRER TO PLAINTIFF’S COMPLAINT is MOOT because a FAC was filed.
Background
This is a lemon law case.
On October 24, 2023, Plaintiff Jose R. Toledo filed suit
against General Motors, LLC for violations of the SBA arising from his 2022
purchase of a 2022 Chevrolet Silverado.
On January 11, 2024, GM filed the instant demurrer.
On March 4, 2024, Plaintiff filed a FAC.
On March 26, 2024, the parties attended a CMC. The court’s
minute order indicates that mediation is scheduled for 10/23/24.
On April 29, 2024, Plaintiff dismissed the 4th
COA for fraud and the prayer for punitive damages.
Discussion
As a FAC was filed, the demurrer to the original complaint
is moot.[1]