Motion to Strike
25CV025018: WALKUP, et al. vs GENERAL MOTORS, LLC. 08/06/2026 Hearing on Motion to Strike 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:
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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 hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore
25CV025018: WALKUP, et al. vs GENERAL MOTORS, LLC. 08/06/2026 Hearing on Motion to Strike in Department 16D
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 is UNOPPOSED and GRANTED as follows.
In this Lemon Law action, Defendant seeks to strike portions of Plaintiffs Robert Walkup and New Start Consultants LLCs complaint. Specifically, Defendant moves to strike Plaintiffs requests for civil penalties. According to Defendant, Plaintiffs request for civil penalties does not comply with CCP § 871.24.
Code of Civil Procedure section 871.24 provides, in relevant part:
(a) At least 30 days prior to the commencement of an action seeking civil penalties under subdivision (c) of Section 1794 of the Civil Code, the consumer shall do all of the following:
(1) Notify the manufacturer of the consumer's name, the accurate Vehicle Identification Number (VIN) of the motor vehicle, and a brief summary of the repair history and problems with the motor vehicle.
(2) Demand that the manufacturer repurchase or replace the motor vehicle.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV025018: WALKUP, et al. vs GENERAL MOTORS, LLC. 08/06/2026 Hearing on Motion to Strike in Department 16D
(h) An action seeking restitution or replacement under Section 871.20 may be commenced without compliance with subdivision (a). In that event, the consumer shall have possession of the motor vehicle at the time of the filing of the complaint, and shall not seek civil penalties, whether by amendment of the complaint or otherwise. If, however, notice is provided pursuant to subdivision (a) and the manufacturer fails to comply with their obligations under subdivision (e), the consumer may commence an action for restitution or replacement, including, but not limited to, civil penalties under subdivision (c) of Section 1794 of the Civil Code.
(Emphasis added].) Section 871.24 also states that an action shall not be allowed or maintained for civil penalties if the manufacturer timely offers restitution or replacement and completes that transaction within 60 days of receiving the consumer's notice. (Code Civ. Proc., § 871.24, subd. (e).)
In short, Section 871.24 establishes a formal notice-and-cure process that must occur before a plaintiff may invoke the penalty provisions of the Song-Beverly Act. California courts have held that when a statute creates a right and attaches specific conditions to its exercise, those conditions are mandatory. (Caliber Bodyworks, Inc. v. Super. Ct. (2005) 134 Cal.App.4th 365, 371 [finding plaintiff could not plead civil penalties absent alleging compliance with the statute's pre-filing notice and exhaustion requirements].)
Plaintiffs have not opposed the motion. The Court construes Plaintiffs lack of opposition as a concession on the merits. (See D.I. Chadbourne, Inc. v. Super. Ct. (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion it is assumed that [nonmoving party] concedes that ground].)
Defendant's motion to strike Plaintiffs request for civil penalties from the complaint is GRANTED with leave to amend.
Plaintiffs may file and serve an amended complaint no later than September 8, 2026. Although not required by statute or court rule, Plaintiffs are directed to present the clerk a copy of this ruling at the time of filing the amended complaint. Defendant shall file and serve a response within 30 days thereafter, 35 days if the amended complaint is served by mail as modified by the Code of Civil Procedure section 430.41 extension, if necessary.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV025018: WALKUP, et al. vs GENERAL MOTORS, LLC. 08/06/2026 Hearing on Motion to Strike in Department 16D