BYRON GUILLERMO RODRIGUEZ vs GENERAL MOTORS, LLC.

2025CUBC052993: BYRON GUILLERMO RODRIGUEZ vs GENERAL MOTORS, LLC. 07/28/2026 in Department 44 Demurrer & Motion to Strike

Department Rules. Parties and counsel shall follow the Department 44 rules and Zoom protocols, available at https://www2.ventura.courts.ca.gov/Courtroom/C44.

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ZOOM Registration Link:

https://ventura-courts-ca.zoom.us/meeting/register/iqN7uhQSQMuOqs-9TQXgEQ

No advance notice is required to appear in person.

Tentative Rulings. Oral argument should address the tentative decision. To submit on the tentative decision, email courtroom44@ventura.courts.ca.gov before 8:00 a.m. on the hearing date, copying all other parties, Use the subject line “SUBMISSION ON TENTATIVE”, [Case Number], [Case Title] and [Party]. If not all parties submit, the hearing will proceed, and the tentative ruling may change.

The Court may adopt, modify or reject the tentative ruling after hearing. The tentative ruling has no legal effect unless and until adopted by the Court.

Motion:

Defendant General Motors LLC’s Demurrer to and Motion to Strike portions of Plaintiff’s Complaint

Tentative Ruling:

Defendant has WITHDRAWN its demurrer to Plaintiff’s fifth cause of action for fraudulent inducement, and so the Court declines to rule on it.

The Court SUSTAINS with leave to amend, the demurrer to the fourth cause of action for breach of the implied warranty. The Complaint alleges equitable tolling, equitable estoppel, repair-related tolling, and class-action tolling, however, these allegations are largely conclusory and do not identify the dates, duration, or circumstances of repair efforts or other facts sufficient to establish that the limitations period was tolled through October 28, 2025. Plaintiff may be able allege specific facts to establish tolling sufficient to render the claim timely, so leave to amend is appropriate.

2025CUBC052993: BYRON GUILLERMO RODRIGUEZ vs GENERAL MOTORS, LLC.

Defendant’s Motion to Strike is GRANTED in part, with leave to amend. A consumer who proceeds without providing 30 days notice prior to filing suit may seek restitution or replacement but may not seek civil penalties under § 1794(c). (