Judge: Lee W. Tsao, Case: 23NWCV00123, Date: 2024-03-28 Tentative Ruling

Case Number: 23NWCV00123    Hearing Date: March 28, 2024    Dept: C

SEGURA-LEMUS v. GENERAL MOTORS, LLC

CASE NO.:  23NWCV00123

HEARING:  03/28/24

#3

     I.        Defendant GENERAL MOTORS LLC’s Demurrer to the Fourth Cause of Action in Plaintiff’s First Amended Complaint is OFF-CALENDAR as MOOT pursuant to the Request for Dismissal without prejudice of the Fourth Cause of action FILED on March 19, 2024.

    II.        Defendant GENERAL MOTORS LLC’s unopposed Motion to Strike Punitive Damages from Plaintiff’s First Amended Complaint is GRANTED without leave to amend pursuant to the Request for Dismissal without prejudice of the Fourth Cause of action FILED on March 19, 2024.

Moving Party to give notice.

Motion to Strike

A motion to strike lies either when (1) there is “irrelevant, false or improper matter inserted in any pleading”; or (2) to strike any pleading or part thereof “not drawn or filed in conformity with the laws of this state, a court rule or order of court.” (CCP §436.)

As a matter of law, punitive damages are not available under the remaining three causes of action, which are based on violations of the Song-Beverly Warranty Act. (See Cal. Civ. Code §1794; 15 U.S.C §2301).

Since Plaintiff’s claim for punitive damages is premised on the viability of their fourth cause of action for Fraud, the Motion is GRANTED without leave to amend pursuant to the Request for Dismissal without prejudice of the Fourth Cause of action for Fraud – Fraudulent Inducement – Concealment filed on March 19, 2024.