Judge: Lee W. Tsao, Case: 23NWCV04038, Date: 2024-11-20 Tentative Ruling

Case Number: 23NWCV04038    Hearing Date: November 20, 2024    Dept: C

MARTINEZ v. AMERICAN HONDA MOTOR CO., et al.

CASE NO.: 23NWCV04038 

HEARING: 11/20/2024

#12

TENTATIVE ORDER

I.             Defendant Honda Motor Co., Inc.’s demurrer to the fifth cause of action in the Complaint is MOOT.

II.            Defendant Honda Motor Co., Inc.’s motion to strike punitive damages in the Complaint is MOOT. 

Moving party to give notice.

The Complaint in this lemon law action was filed on December 12, 2023.  American Honda Motor Co., Inc. (Defendant) demurs to Sonia Martinez’s (Plaintiff) fifth cause of action for fraudulent inducement - concealment and moves to strike portions of the complaint seeking punitive damages.

Opposition to the demurrer was due on November 6, 2024.  On that date, in lieu of filing an opposition, Plaintiff filed a First Amended Complaint (FAC).

“¿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.” (CCP § 472, subd. (a).)

Upon the timely filing of the FAC, the Complaint was no longer the operative pleading.  Thus, the demurrer to the Complaint is MOOT.