DEMURRER IS SUSTAINED IN PART; MOTION TO STRIKE IS DENIED.
On April 16, 2019, Plaintiff Salvador Anaya filed the instant action against Defendant Kia Motors America, Inc. and Does 1 through 10. The Complaint asserts causes of action for:
Violation of Song-Beverly Act – Breach of Express Warranty;
Violation of Song-Beverly Act – Breach of Implied Warranty;
Violation of Song-Beverly Act, Section 1793.2;
Fraudulent Inducement – Concealment; and
Fraudulent Inducement – Intentional Misrepresentation.
Defendant Kia Motors America, Inc. demurs to the third, fourth, and fifth causes of action.
Legal Standard on Demurrer
A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be apparent on the face of the
Hearing Date
August 12, 2019
Type
Negligent Breach of Contract/Warranty (no fraud) (General Jurisdiction)
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DEMURRER IS SUSTAINED IN PART; MOTION TO STRIKE IS DENIED.
On April 16, 2019, Plaintiff Salvador Anaya filed the instant action against Defendant Kia Motors America, Inc. and Does 1 through 10. The Complaint asserts causes of action for:
Violation of Song-Beverly Act – Breach of Express Warranty;
Violation of Song-Beverly Act – Breach of Implied Warranty;
Violation of Song-Beverly Act, Section 1793.2;
Fraudulent Inducement – Concealment; and
Fraudulent Inducement – Intentional Misrepresentation.
Defendant Kia Motors America, Inc. demurs to the third, fourth, and fifth causes of action.
Legal Standard on Demurrer
A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be apparent on the face of the