Judge: Christian R. Gullon, Case: 23PSCV03697, Date: 2024-03-04 Tentative Ruling

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Case Number: 23PSCV03697    Hearing Date: March 4, 2024    Dept: O

Tentative Ruling

(1)   DEFENDANT GENERAL MOTORS LLC’S DEMURRER TO PLAINTIFF’S COMPLAINT is MOOT because a first amended complaint (FAC) was filed.

(2)   MOTION TO STRIKE PUNITIVE DAMAGES FROM PLAINTIFF’S COMPLAINT is MOOT.

Background

This is a lemon law case.

On November 29, 203, Plaintiff PAUL SINGH HUSSON filed suit against Defendant General Motors LLC for the following causes of action (COA) arising from his purchase of a new 2019 Cadillac CTS that experienced transmission defects:

On January 2, 2024, Defendant filed the instant demurrer and motion to strike (MTS).

On February 16, 2024, Plaintiff filed a FAC asserting the same 4 COAs against the same Defendant.

Discussion

As the demurrer and MTS are to the original complaint but Plaintiff on 2/16/24 filed a FAC, which serves as the operative complaint, the demurrer and MTS are moot.