demurrer to the first amended complaint's fifth cause of action; motion to strike prayer for punitive damages
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2210
DATE: May 26, 2026 TIME: 9:00 A.M. / 9:01 A.M. To contest the ruling, call (408) 808-6856 before 4:00 P.M. Make sure to let the other side know before 4:00 P.M. that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)
**Please specify the issue to be contested when calling the Court and counsel**
9:00 A.M. LINE # CASE # CASE TITLE RULING Line 1 24CV453098 Deirdre Ghiossi v. Defendant General Motors, LLC’s (1) demurrer to the first amended General Motors, LLC complaint’s fifth cause of action, and (2) motion to strike that pleading’s prayer for punitive damages. Notice is proper. Plaintiff filed a notice of non-opposition to the demurrer. Plaintiff did not oppose the motion to strike. Failure to oppose a motion may be deemed a consent to the granting of the motion. (Cal. Rules of Court, rule 8.54(c).)
Failure to oppose a motion leads to the presumption that the non-moving party has no meritorious arguments. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 489.) Defendant’s demurrer to the first amended complaint’s fifth cause of action is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant’s motion to strike the first amended complaint’s prayer for punitive damages is GRANTED WITHOUT LEAVE TO AMEND. The court will prepare the order. Line 2 24CV453098 Deirdre Ghiossi v. See Line 1.
General Motors, LLC
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