Defendant General Motors LLC’s Demurrer to Plaintiff’s Complaint
2026CUBC064607: RAMON VAZQUEZ vs GENERAL MOTORS, LLC 07/28/2026 in Department 44 Demurrer
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Motion: Defendant General Motors LLCs Demurrer to Plaintiffs Complaint (Opposed)
Tentative Ruling:
Defendant has WITHDRAWN its demurrer to Plaintiffs fifth cause of action for fraudulent inducement, and so the Court declines to rule on it.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 April 15, 2026. Plaintiff may be able allege specific facts to establish tolling sufficient to render the claim timely, so leave to amend is appropriate.
Plaintiff shall file an amended pleading within 20 days.
Defendant shall give notice.
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