Motion to Strike (Lemon Law) Punitive Damages
24CV026294: TARP vs GENERAL MOTORS, LLC., et al. 08/06/2026 Hearing on Motion to Strike (Lemon Law) Punitive Damages from plf's First Amended Complaint in Department 16D
Tentative Ruling
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Department 16D Oral Argument Request Line at (916) 874-3056 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
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The Department 16D Zoom Link is https://saccourt-cagov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the
24CV026294: TARP vs GENERAL MOTORS, LLC., et al. 08/06/2026 Hearing on Motion to Strike (Lemon Law) Punitive Damages from plf's First Amended Complaint in Department 16D
hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
*** EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA 95814. ALL HEARINGS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ***
TENTATIVE RULING:
Defendant General Motors, LLCs motion to strike portions of Plaintiff Kelly Ann Tarps first amended complaint (FAC) is DENIED.
Defendant moves to strike punitive damages. The Court notes that Plaintiff untimely filed an opposition on July 8, 2026, despite the requirements of Code of Civil Procedure section 1005(b). The Court need not consider Plaintiffs untimely opposition for the reasons set forth below.
Defendant argues that punitive damages are not available under the Song-Beverly Act. Defendant also argues that the fraud cause of action cannot support punitive damages because the fraud claim is insufficiently pled as argued in its demurrer. However, since the Court has concluded that the fraud claim was sufficiently pled, the motion to strike punitive damages must be denied for the same reasons the demurrer was overruled. (See, e.g. Johnson v. Ford Motor Co. (2005) 35 Cal.4th 1191.) Fraud is a cause of action which provides a basis for punitive damages. (Civ. Code, § 3294.) The Court need not address whether punitive damages are available under the Song-Beverly Act.
The motion to strike is denied.
This minute order is effective immediately. No formal order or other notice is required.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
24CV026294: TARP vs GENERAL MOTORS, LLC., et al. 08/06/2026 Hearing on Motion to Strike (Lemon Law) Punitive Damages from plf's First Amended Complaint in Department 16D