Judge: William A. Crowfoot, Case: 23AHCV01441, Date: 2024-04-05 Tentative Ruling

Case Number: 23AHCV01441    Hearing Date: April 5, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

JUAN HERNANDEZ-MARQUEZ,

                    Plaintiff(s),

          vs.

 

GENERAL MOTORS LLC,

 

                    Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

     CASE NO.:  23AHCV01441

 

[TENTATIVE] ORDER RE: DEMURRER WITH MOTION TO STRIKE

 

Dept. 3

8:30 a.m.

April 5, 2024

 

 

 

 

          On October 26, 2023, plaintiff Juan Hernandez-Marquez (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) in this lemon law action. On November 27, 2023, defendant General Motors LLC (“Defendant”) filed a demurrer to the FAC’s Fourth Cause of Action for fraudulent concealment and a motion to strike Plaintiff’s prayer for punitive damages.

          On March 19, 2024, Plaintiff filed a request for dismissal requesting that the clerk dismiss his Fourth Cause of Action in the FAC but the dismissal was not entered because the attorney’s address on the form did not match the address on record with the Court. On March 29, 2024, Defendant filed a notice withdrawing its demurrer and motion to strike as moot. Based on these two filings, it appears that the parties have agreed that the Fourth Cause of Action is no longer at issue and the demurrer and motion to strike are moot. However, the Court cannot process the dismissal of the Fourth Cause of Action until Plaintiff files another request for dismissal or, alternatively, does so on the record during the hearing on this matter.

 

 

Dated this 5th day of April, 2024

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.