Judge: John J. Kralik, Case: 24BBCV00293, Date: 2024-07-19 Tentative Ruling

Case Number: 24BBCV00293    Hearing Date: July 19, 2024    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

abraham abrahamian,

 

                        Plaintiff,

            v.

 

general motors, llc,

 

                        Defendant.

 

  Case No.:  24BBCV00293

 

Hearing Date:  July 19, 2024

 

 [TENTATIVE] order RE:

demurrer; motion to strike

 

 

BACKGROUND

A.    Allegations

Plaintiff Abraham Abrahamian (“Plaintiff”) alleges that on October 17, 2017, Plaintiff entered into a warranty contact with Defendant General Motors, LLC (“Defendant”) regarding a 2018 Chevrolet Camaro vehicle.  Plaintiff alleges that the warranty contract contained various warranties, including but not limited to the bumper-bumper warranty, powertrain warranty, emission warranty, etc.  Plaintiff alleges that the defects and nonconformities to the warranty manifested themselves during the applicable warranty period, including but not limited to, transmission defects, engine defects, and body defects.  Plaintiff alleges that Defendant failed to promptly replace the vehicle or make restitution. 

The complaint, filed February 5, 2024, alleges causes of action for: (1) violation of Civil Code, § 1793.2(D); (2) violation of Civil Code, § 1793.2(B); (3) violation of Civil Code, § 1793.2(A)(3); (4) breach of the implied warranty of merchantability (Civil Code, §§ 1791.1, 1794, and 1795.5); and (5) fraudulent inducement – concealment.

On July 8, 2024, Plaintiff dismissed without prejudice the 5th cause of action for fraudulent inducement - concealment and the prayer (g) for punitive damages. 

B.     Motions on Calendar

On April 8, 2024, Defendant filed a demurrer and motion to strike portions of the complaint.

The Court is not in receipt of an opposition brief.

DISCUSSION

            Defendant demurs to the 5th cause of action in the complaint. Defendant concurrently filed a motion to strike the request for punitive damages in the prayer subsection (g).

On July 8, 2024, Plaintiff dismissed without prejudice the 5th cause of action for fraudulent inducement - concealment and the prayer (g) for punitive damages. 

            In light of the dismissal, the demurrer and motion to strike are taken off-calendar as moot. 

CONCLUSION AND ORDER

Defendant General Motors, LLC’s demurrer to the 5th cause of action in the complaint and the motion to strike the request for punitive damages from the prayer are taken off-calendar in light of the dismissal entered on July 8, 2024. 

Defendant shall provide notice of this order. 

 

 

DATED: July 19, 2024                                                           ___________________________

                                                                                          John Kralik

                                                                                          Judge of the Superior Court