Judge: James L. Crandall, Case: 21-1200180, Date: 2023-01-05 Tentative Ruling

1.    Demurrer to Amended Complaint

2.    Motion to Strike\

TENTATIVE RULING:

MOTION NO. 1:

Defendant Kia America, Inc.’s demurrer to Plaintiff’s Third Cause of Action for Violation of the Song-Beverly Act section 1793.2(a)(3) and Sixth Cause of Action for Fraudulent Inducement alleged in plaintiff Veronica A. Ramirez’s First Amended Complaint is CONTINUED to 2/23/23.

On December 16, 2021, the Court signed the parties’ “Joint Stipulation and Order Granting Plaintiff Leave to Amend Pleading.” (“Order”) (ROA 29.) The Order states, “Plaintiff is granted leave to file a [First] Amended Complaint within 30 days of the date of this Order.” (ROA 29.) Although Plaintiff was granted 30 days to file an amended complaint, an amended complaint has not been filed with the Court. Since Defendant has filed a demurrer to the First Amended Complaint, Plaintiff’s failure to file an amended complaint with the Court appears to be an inadvertent error. Further, neither party has submitted a copy of the of the First Amended Complaint with the moving or opposing papers.

Accordingly, the Court CONTINUES the hearing to 2/23/23. Plaintiff is ordered to file the First Amended Complaint with 10 days of the notice of this ruling.

Moving Defendant to give notice.

MOTION NO. 2:

Defendant Kia America, Inc. motion to strike Plaintiff’s prayer for punitive damages is CONTINUED to 2/23/23.

For the reasons discussed as to Motion No. 1, Motion No. 2 is also continued.

Moving Defendant to give notice.