Acuahuitl vs. Nissan North America, Inc.

Superior Court of the State of California County of Orange TENTATIVE RULINGS FOR DEPARTMENT N16

HON. Donald F. Gaffney

Counsel and Parties Please Note: Law and Motion in Department N16 is heard on Wednesdays at 9:00 a.m.

Date: August 12, 2026

Tentative Rulings will be posted on the Internet on the day before the hearing by 5:00 p.m. [or earlier] whenever possible. To submit on the tentative ruling, please contact the clerk at (657) 622-5616, after contacting opposing party/counsel. Prevailing party shall give notice of the Ruling and prepare the Order/Judgment for the Court’s signature if required.

NOTE: After posting of tentative rulings, the Court will not take the motion off calendar and will grant a continuance of the motion only upon stipulation of all affected parties.

If no appearances are made on the calendared motion date, then oral argument will be deemed to have been waived and the tentative ruling will become the Court’s final ruling.

# Case Name Tentative 1 Carrillo vs. OFF CALENDAR Nissan North America, Inc. 2 Acuahuitl vs. Nissan North TENTATIVE RULING: America, Inc. Demurrer

Defendant Santander Consumer USA, Inc. (Doe 1) demurs to the purported first amended complaint of Plaintiff Norberto Coyomani Acuahuitl. The hearing on this demurrer is hereby TAKEN OFF CALENDAR.

Defendant Santander (Doe 1) purports to demur to the first amended complaint of Plaintiff Acuahuitl. The court record shows the operative complaint to be the original complaint filed by Plaintiff on 11/21/2024. (ROA # 2.) Plaintiff filed no first amended complaint, and the time to amend the complaint as a matter of right has passed. (See Code Civ. Proc., §§ 472, 473.)

On or before 08/26/2026, Defendant Santander (Doe 1) shall file a responsive pleading to the operative complaint.