Tentative ruling in department G on Jan. 29, 2024 in Los Angeles County, CA - Case no: xxxxx636

Case Number: 23PSCV02636 Hearing Date: January 29, 2024 Dept: G Defendant Moss Bros. Auto Group, Inc.s Demurrer to Plaintiffs Complaint

Respondent: Plaintiffs Arlene Ramirez

TENTATIVE RULING

Defendant Moss Bros. Auto Group, Inc.s Demurrer to Plaintiffs Complaint is SUSTAINED with twenty (20) days leave to amend.

BACKGROUND

This is a lemon law action. In July 2021, Plaintiff Arlene Ramirez allegedly entered into a warranty contract with Defendant Volkswagen Group of America, Inc. (Volkswagen) by purchasing a 2021 Volkswagen Atlas. Subsequently, Ramirez alleges the vehicle was delivered with suspension and electrical system defects.

On August 28, 2023, Ramirez filed a complaint against Volkswagen; Moss Bros. Auto Group, Inc. (Moss Bros.); and Does 1-10, alleging (1) breach of express warranty, (2) breach of implied warranty, (3) violation of Song-Beverly Act section 1793.2, subdivision (b), and (4) negligent repair.
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