DecisionDepot
California legal research
All cases
24CV453156·santaclara·Civil·Personal Injury / Products Liability
Hearing in about 7 hoursGRANTED

Leyva, et.al. vs General Motors, LLC

Demurrer; Motion to strike

Hearing date
Aug 20, 2026
Department
6
Prevailing
Defendant

Motion type

Browse all Demurrer rulings statewide →

Causes of action

Parties

PlaintiffLeyva
DefendantGeneral Motors, LLC

Ruling

LINE CASE NO. CASE TITLE TENTATIVE RULING 9:00 23CV416550 William Brooks, et.al. See below. 1 vs. Cheryl Boomgarden 9:00 23CV417433 Bank of America vs. Plaintiff moves this court to set aside dismissal pursuant to settlement between 2 Onorio Pacheco-feria parties. Defendant and plaintiff entered into a settlement agreement to pay off Defendant’s debt to Plaintiff. Case was dismissed pursuant to CCP 664.6. Defendant has not made a payment since September 20, 2025. Plaintiff’s motion is GRANTED. Defendant is ordered to make payment to Plaintiff of $5,364.14. 9:00 24CV449389 Samita Bhandary vs.

Plaintiff moves this court for reconsideration of the Court’s order on December 8, 3 Agradoot Ghatak, 2025 denying Plaintiff’s motion to reconsider the Court’s order striking Plaintiff’s et.al. complaint without leave to amend on October 9, 2025. The burden under CCP section 1008 for reconsideration is “comparable to that of a party seeking a new trial on the ground of newly discovered evidence...” (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212-213.) Plaintiff’s motion is DENIED. 9:00 24CV453156 Leyva, et.al. vs Defendant moves this court for demurrer on the fifth cause of action of the 4-5 General Motors, LLC second amended complaint.

Plaintiff filed no objection to this motion. Plaintiff’s allegation is fraudulent concealment. Plaintiff is barred from filing this allegation based on the 3 year statute of limitations. Defendant’s motion is GRANTED.

Defendant moves this court to strike punitive damages claim. Plaintiff has failed to contest motion. Since this court is granting Defendant’s motion for demurrer, there is no fraudulent concealment allegation that would warrant a punitive damages claim. Defendant’s motion is GRANTED.

3

Cited authorities

Extracting citations from the ruling text…
Verify against the source PDF — LLM extraction may miss or mis-normalize citations.

Looking for case law or statutes not cited here? Search published authorities

Ask about this ruling

Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”

Answers reference only this ruling's text. Not legal advice — always verify against the source PDF.

Find similar rulings

Source

Share