Toler v. FCA US, LLC, et al.

25CV112183: TOLER vs FCA US, LLC, et al. 08/27/2026 Hearing on Motion to Strike To Plaintiff's Third Amended Complaint; filed by FCA US, LLC (Defendant) CRS# 079638535423 in Department 520

Tentative Ruling - 08/27/2026 Jamilah A. Jefferson

The Motion to Strike (not initial pleading) Defendant Fca Us, Llcs Notice of Motion and Motion to Strike Portions of Plaintiffs Third Amended Complaint filed by FCA US, LLC on 03/02/2026 is Granted in Part.

In light of the Court’s ruling on the concurrent Demurrer, the Motion of Defendant FCA US LLC (“Defendant”) to Strike the TAC is GRANTED IN PART. It is DENIED as to paragraphs 74 through 82, which make up the Second cause of action. It is also DENIED as to punitive damages.

However, the Court agrees that civil penalties under Civil Code 1794 and the prayer for attorney fees are not available without Song-Beverly Act claims, although this appears to be an error on Plaintiff’s part in including it once again in the TAC. Thus, it is GRANTED WITHOUT LEAVE TO AMEND as to all references to 1794(c) and (d).

NOTICE: This tentative ruling will automatically become the court’s final order on August 20, 2026 unless, by no later than 4:00 P.M. on August 19, 2026, a party to the action notifies BOTH: 1) the court by emailing Dept520@alameda.courts.ca.gov; AND 2) all opposing counsel or selfrepresented parties (by telephone or email) that the party is contesting this tentative ruling.

The subject line (RE:) of the email must state: “Request for CONTESTED HEARING: [the case name], [number].” When a party emails to contest a tentative ruling, the party must identify the specific holding(s) within the ruling they wish to contest via oral argument.

The court does not provide court reporters for hearings in civil departments. A party who wants a record of the proceedings must engage a private court reporter. (Local Rule 3.95.) Any privately retained court reporter must also participate via video conference. Their email must be provided to the court at the time the Notice of Contest is emailed.

ALL CONTESTED LAW AND MOTION HEARINGS ARE CONDUCTED VIA REMOTE VIDEO unless an in person appearance is required by the court. Invitations to participate in the video proceeding will be sent by the court upon receipt of timely notice of contest. A party may give email notice they will appear in court in person for the hearing, however all other counsel/parties and the JUDGE MAY APPEAR REMOTELY.