Ela Figueroa v. Kia America, Inc., et al.

CASE NO.: 24STCV28158 DEFENDANTS

KIA AMERICA, INC. AND FIRST MOTOR GROUP OF LOS ANGELES LLC DBA KIA DOWNTOWN LOS ANGELES'S MOTION TO (1) SET ASIDE VOID DISMISSAL UNDER CODE OF CIVIL PROCEDURE Sec. 473(d); (2) ENTER JUDGMENT OR DISMISSAL WITH PREJUDICE UNDER C.C.P. Sec. 581(f)(1) MOVING PARTY: Defendant Kia America, Inc. RESPONDING PARTY: No opposition

I. BACKGROUND

On October 28, 2024, Plaintiff, Elba Figueroa, filed this Song-Beverly action against Defendants, Kia America, Inc. ("Kia") and Kia Downtown Los Angeles. On October 8, 2024, Defendants filed a demurrer to the Complaint.

On March 18, 2025, the court sustained the demurrer and granted leave to amend as to some causes of action only. Plaintiff was ordered to serve and file the First Amended Complaint (FAC) within 30 days of the court's order. Plaintiff did not file the FAC.

On April 11, 2025, Plaintiff filed a motion for leave to amend the FAC. On June 26, 2025, the court denied the motion for leave to amend. The court also stated that Plaintiff had ten days to file a FAC consistent with the court's March 18, 2025, order.

On August 7, 2025, the parties appeared for a case management conference. At the conference, Plaintiff represented to the court that the FAC had not yet been filed. The court again ordered Plaintiff to file the FAC with ten days. On the same day, the court received Plaintiff's FAC. Plaintiff also filed the declaration of her counsel who states that due to a clerical error and changing of staff, the FAC was not filed on June 26, 2025. The FAC alleges causes of action for (1) Violation of Business and Professions Code Sec. 17200, (2) Violation of Business and Professions Code Sec. 17500, and (3) Negligent Misrepresentation.

On September 9, 2025, Kia filed a demurrer to the FAC. On December 12, 2025, the court sustained the demurrer without leave to amend.

On March 10, 2026, the clerk of the court dismissed the FAC without prejudice pursuant to Plaintiff's written request.

On April 24, 2026, Defendants filed this motion to set aside the dismissal under Code of Civil Procedure section 473(d) and to enter judgment or dismissal with prejudice under Code of Civil Procedure section 581(f)(1). The motion is unopposed.

II. JUDICIAL NOTICE

Defendants' request for judicial notice is GRANTED.

III. DISCUSSION

Defendants argue Plaintiff's request for dismissal without prejudice is void. The argument is meritorious. "The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." (Code Civ. Proc., Sec. 473(d).)

The right to voluntary dismissal ends when a trial court sustains a defendant's general demurrer without leave to amend. (Wells v. Marina City Props. (1981) 29 Cal.3d 781, 786.) Here, the court sustained Defendant's demurrer to the FAC without leave to amend. (Minute Order, 12/12/25.)

Accordingly, Plaintiff lost her right to a voluntary dismissal and the entry of dismissal on March 11, 2026 is void. The court now vacates the voluntary dismissal and orders Plaintiff's action dismissed with prejudice pursuant to Code of Civil Procedure section 581(f)(1).

IV. CONCLUSION

The unopposed motion is GRANTED. The dismissal entered on March 11, 2026 is VACATED. On this date, the court orders Plaintiff's FAC DISMISSED WITH PREJUDICE. Defendants to give notice, unless waived.

Dated: August 26, 2026 | | | Brock T. Hammond Judge of the Superior Court | Case Number: 24STCV29439 Hearing Date: August 26, 2026 Dept: 407 Tentative Ruling Judge Brock T. Hammond, Department 407 HEARING DATE: August 26, 2026 TRIAL DATE: March 22, 2027 CASE: Derek Lowe v. Sierra Corporate Management Inc.