Judge: Melvin D. Sandvig, Case: 23CHCV04274, Date: 2025-03-28 Tentative Ruling

Case Number: 23CHCV04274    Hearing Date: March 28, 2025    Dept: F47

Dept. F47

Date: 3/28/25

Case #24CHCV04274

 

DEMURRER TO ORIGINAL ANSWER

 

Demurrer filed on 1/28/25.

 

MOVING PARTY: Plaintiffs May Carpenter and Emrys Stevens

RESPONDING PARTY: Defendant Nissan North America, Inc.

NOTICE: ok

 

Demurrer is the 1st, 4th, 7th and 8th affirmative defenses pled in Defendant Nissan North America, Inc.’s Answer.

 

RULING: The demurrer is placed off calendar as moot.

 

On 11/19/24, Plaintiffs May Carpenter and Emrys Stevens (Plaintiffs) filed this action against Defendants Nissan North America, Inc. (NNA) and Nissan of Mission Hills alleging causes of action for violations of the Song-Beverly Act.  On 1/16/25, NNA filed an answer to the complaint. 

 

After meet and confer efforts failed to resolve the issues Plaintiffs had with NNA’s answer to the complaint, on 1/28/25, Plaintiffs filed and served the instant demurrer to the 1st, 4th, 7th and 8th affirmative defenses in NNA’s answer.  On 2/25/25, NNA filed and served its First Amended Answer to Plaintiff’s complaint which renders the demurrer moot.  See CCP 472(a).