Kevin Gerhardt vs. General Motors LLC

34-2020-00281778-CU-BC-GDS: Kevin Gerhardt vs. General Motors LLC, a Delaware Limited Liability Company 04/07/2026 Hearing on Motion to Strike (Lemon Law) Punitive Damages from Plaintiffs' Third Amended Complaint in Department 54

Tentative Ruling

Defendant General Motors, LLC’s (“Defendant”) motion to strike punitive damages from the prayer for relief in Plaintiffs’ Third Amended Complaint ('TAC') is ruled upon as follows. FACTUAL BACKGROUND This is a Lemon Law action arising from Plaintiff's alleged purchase on April 25, 2018, of a 2016 Chevy Silverado (“Subject Vehicle”). In the operative TAC, Plaintiffs allege claims under the Song-Beverly Consumer Warranty Act, the CLRA, as well as a claims for fraudulent concealment. Plaintiff allege that the Subject Vehicle suffered from various defects, including but not limited to engine defects, that were known to Defendant but not disclosed at the time of Plaintiffs’ purchase.

Defendant moves to strike Plaintiffs’ claim for punitive damages in the TAC prayer for relief on the grounds that punitive damages are not recoverable under the Magnuson-Moss Warranty Act and the Uniform Commercial Code and that Plaintiffs have not pled facts to show they are entitled to punitive damages. The Court rejects both arguments. As an initial matter, the Court found in its concurrent ruling on Defendant’s demurrer to the TAC that Plaintiffs had successfully alleged claims for fraudulent concealment.

The fact that fraud was sufficiently pled in the TAC as a whole is sufficient for purposes of evaluating the instant motion, and warrants that the motion to strike punitive damages be denied. The Court need not consider at this juncture whether punitive damages are available under Magnuson-Moss or the UCC. Based on the foregoing, Defendant’s motion to strike is DENIED. Defendant shall file and serve an answer no later than April 24, 2026. This minute order is effective immediately. No formal order or other notice is required. (Code Civ.

Proc. § 1019.5; CRC, Rule 3.1312.)

NOTICES: The Sacramento Superior Court is transitioning operations from the Gordon D. Schaber and Hall of Justice buildings to the new Tani G. Cantil-Sakauye Courthouse through a phased move plan beginning on April 13, 2026. Visit the court’s website at www.saccourt.ca.gov for the most current and up to date information regarding the transition. The physical and mailing address of the new downtown courthouse is:

Tani G. Cantil-Sakauye Courthouse

34-2020-00281778-CU-BC-GDS: Kevin Gerhardt vs. General Motors LLC, a Delaware Limited Liability Company 04/07/2026 Hearing on Motion to Strike (Lemon Law) Punitive Damages from Plaintiffs' Third Amended Complaint in Department 54

500 G Street Sacramento, CA 95814

Please take notice, effective April 13, 2026, Department 54 is moved to Department 16C at the Tani G. Cantil-Sakauye Courthouse. The Honorable Christopher E. Krueger remains presiding over all Home Court proceedings, including Case Management and Law & Motion. All hearings currently scheduled or reserved after the effective date shall remain in place and will be heard in Department 16C.

Hon. Christopher E. Krueger Department 16C 916-874-7848

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail 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 it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

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The Department 54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

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

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

34-2020-00281778-CU-BC-GDS: Kevin Gerhardt vs. General Motors LLC, a Delaware Limited Liability Company 04/07/2026 Hearing on Motion to Strike (Lemon Law) Punitive Damages from Plaintiffs' Third Amended Complaint in Department 54

Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/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 forward the form to the Court Reporter’s Office and an official reporter will be provided.