Judge: Teresa A. Beaudet, Case: 22STCV03724, Date: 2022-08-17 Tentative Ruling
Case Number: 22STCV03724 Hearing Date: August 17, 2022 Dept: 50
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NIMA NEMATI, Plaintiff, vs. FCA US, LLC; et
al., Defendants. |
Case No.: |
22STCV03724 |
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Hearing Date: |
August 17, 2022 |
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Hearing Time: |
8:30 a.m. |
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[TENTATIVE]
ORDER RE: DEMURRER
TO PLAINTIFF’S COMPLAINT; MOTION
TO STRIKE PORTIONS OF PLAINTIFF’S COMPLAINT |
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AND RELATED CROSS-ACTION |
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On January 31, 2022, Plaintiff
Nima Nemati (“Plaintiff”) filed the instant action against
Defendants FCA US, LLC (“FCA”) and Santa Monica Chrysler Dodge Jeep Ram,
asserting causes of action for (1) violation of subdivision (d) of Civil Code
section 1793.2, (2)
violation
of subdivision (b) of Civil Code section 1793.2, (3) violation of subdivision (A)(3)
of Civil Code section 1793.2,
(4) breach of the implied warranty of merchantability, (5) fraudulent
inducement-concealment, and (6) negligent repair.
FCA demurs to the fifth cause of
action of the Complaint. FCA also moves to strike portions of the Complaint. No
opposition to the demurrer or motion to strike was filed. However, the Court
notes that on August 4, 2022, Plaintiff filed a First Amended Complaint.
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Accordingly, FCA’s demurrer to the Complaint and
motion to strike portions of the Complaint
are moot.
DATED: August 17, 2022 ________________________________
Hon. Teresa A.
Beaudet
Judge, Los
Angeles Superior Court