Judge: Stephen P. Pfahler, Case: 23CHCV01650, Date: 2023-10-30 Tentative Ruling

Case Number: 23CHCV01650    Hearing Date: October 30, 2023    Dept: F49

Dept. F-49 

Date: 10-30-23                                             

Case # 23CHCV01650 

Trial Date: Not Set 

DEMURRER/MOTION TO STRIKE

MOVING PARTY: Defendant, General Motors, LLC

RESPONDING PARTY: Plaintiff, Luis Sanchez

RELIEF REQUESTED 

Demurrer to the Complaint

Motion to Strike

SUMMARY OF ACTION 

Plaintiff Luis Sanchez alleges a purchased 2019 GMC Sierra vehicle came equipped with a defective Hydra-Matic 8L90 transmission. Plaintiff maintains GMC never disclosed the known defects in the transmission.

On June 7, 2023, Plaintiff filed a complaint for Song Beverly Act Violations and Fraud. On October 16, 2023, Plaintiff filed a complaint for Violation of Song-Beverly Act – Breach of Express Warranty, Violation of Song-Beverly Act – Breach of Implied Warranty, Violation of Song-Beverly Act – Beverly Act Section 1793.2, and Fraud – Fraudulent Inducement – Concealment.

RULING: Moot/Off-Calendar.

Defendant General Motors, LLC scheduled a demurrer and motion to strike on the complaint. The court electronic filing system shows no actual demurrer filed. Regardless, on October 16, 2023, Plaintiff filed a first amended complaint before the opposition due date. The first amended complaint was therefore timely filed. The scheduled demurrer and filed motion to strike are therefore moot. The court takes the items off-calendar.

General Motors, LLC to serve notice.