Judge: Holly J. Fujie, Case: 24STCV30464, Date: 2025-06-02 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 24STCV30464    Hearing Date: June 2, 2025    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant FCA US, LLC

RESPONDING PARTY: None

            The Court has considered the moving papers. No opposition has been filed.

BACKGROUND

             This is a lemon-law action. Plaintiffs Johnny Kuhn and Mary Kuhn (collectively, “Plaintiffs”) filed a complaint (“Complaint”) against Defendants FCA US, LLC, Cerritos Dodge Chrysler Jeep Ram, and Does 1 through 10, inclusive (collectively, “Defendants”) on November 19, 2024.

Defendants filed this demurrer (the “Demurrer”) on January 17, 2025. On May 19, 2025, Plaintiffs filed a first amended complaint (“FAC”). Proof of service indicates that the FAC was served on Defendants on May 19, 2025, via email.

Pursuant to Code of Civil Procedure (“CCP”) section 472, subdivision (a), a “party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties.”

Plaintiffs were entitled to, as a matter of right, file a first amended complaint as of May 16, 2025, nine court days prior to this hearing. (CCP, § 472, subd. (a).) Plaintiff filed the FAC on May 19, 2025. Plaintiffs may amend the Complaint after the deadline to oppose the Demurrer, provided the parties stipulate to such an amendment. (CCP, § 472, subd. (a).)

Thus, the Court will continue the hearing on the Demurrer. Any stipulation to the late-filed FAC must be filed at least four (4) court days prior to the continued hearing date.

Defendants’ Demurrer is CONTINUED to June 23, 2025, at 8:30 AM.

Moving Party is ordered to give notice of this ruling.           

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 2nd day of June 2025