Tentative ruling in department P on Jan. 16, 2024 in Los Angeles County, CA - Case no: xxxxx410

Case Number: 22SMCV01410 Hearing Date: January 16, 2024 Dept: P Tentative Ruling
Fallieras v. Subaru of America, Inc, et al., Case No. 22SMCV01410
Hearing date January 16, 2024
Subaru of Americas Demurrer to the First Amended Cross-Complaint

Plaintiff Fallieras sued defendants Subaru of America (SOA) and Thousand Oaks-S, Inc. dba DCH Subaru of Thousand Oaks (DCH) alleging (1) violation of subdivision (d) of Civil Code section 1793.2 (against SOA only); (2) violation of subdivision (b) of Civil Code section 1793.2 (against SOA only); (3) violation of subdivision (a)(3) of Civil Code section 1793.2 (against SOA only); (4) breach of the implied warranty of merchantability (against SOA only); and (5) negligent repair (against DCH only). As to DCH, plaintiff alleges it failed to properly perform necessary repairs. DCH cross complained against SOA, seeking (1) express indemnity; (2) implied indemnity; (3) equitable indemnity; and (4) declaratory relief.

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