THOMAS vs GENERAL MOTORS, LLC, et al.

25CV009380: THOMAS vs GENERAL MOTORS, LLC, et al. 04/06/2026 Hearing on Demurrer (Lemon Law) to Plaintiff's Complaint in Department 28

Tentative Ruling

NOTICE:

PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard in Department 28, located at 720 9th Street, Sacramento, CA, the Hon. Richard C. Miadich presiding.

Any party who wishes to contest the tentative ruling below must:

(1) request a hearing by calling the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail 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 they have notified the opposing party of their intention to appear; and

(2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.

If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court.

If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.

The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link:

https://saccourt-ca-gov.zoomgov.com/my/sscdept28

SIP Address:

16039062174@sip.zoomgov.com

(833) 568-8864

ID: 16039062174

25CV009380: THOMAS vs GENERAL MOTORS, LLC, et al. 04/06/2026 Hearing on Demurrer (Lemon Law) to Plaintiff's Complaint in Department 28

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court-Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.Pdf

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 Court’s 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 be forward the form to the Court Reporter’s Office and an official reporter will be provided.

****NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT WILL MOVE TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. MOTIONS NOTICED FOR DEPARTMENT 28 WILL BE HEARD IN DEPARTMENT 8C OF THE NEW COURTHOUSE.*****

The demurrer filed by Defendant General Motors LLC ('Defendant') is unopposed and is sustained.

In this Lemon Law case, Plaintiff Roberto Thomas ('Plaintiff') alleges causes of actions for violations of the Song-Beverly Act and fraud. Defendant demurs to the Fourth and Fifth Causes of Action on the grounds that the claims are barred by the statute of limitations, and to the Fifth Cause of action based on the economic loss rule and failure to allege facts sufficient to establish fraud.

The demurrer is sustained for the reasons stated in Defendant's memorandum of points and authorities. The Court construes Plaintiff’s failure to oppose the demurrer

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

25CV009380: THOMAS vs GENERAL MOTORS, LLC, et al. 04/06/2026 Hearing on Demurrer (Lemon Law) to Plaintiff's Complaint in Department 28

as a concession to the merits of Defendant's arguments. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose one of the grounds for a motion, 'it is assumed that [nonmoving party] concedes that ground'].) Despite the lack of any opposition by Plaintiff, the Court must grant leave to amend, since this is the first challenge to the pleadings.

Plaintiff may file and serve an amended complaint no later than April 27, 2026. Although not required by statute or court rule, Plaintiff is directed to present the clerk a copy of this ruling at the time of filing the First Amended Complaint. Defendant shall file and serve a response to the First Amended Complaint within 30 days of service of the pleadings, 35 days if served by mail.

This minute order is effective immediately. No formal order pursuant to CRC, Rule 3.1312 or further notice is required.