Motion to Strike
25CV156008: AARON vs AMERICAN HONDA MOTOR CO., INC 05/28/2026 Hearing on Motion to Strike DEFENDANT AMERICAN HONDA MOTOR CO., INC.’S NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF’S FIRST AMENDED COMPLAINT; filed by AMERICAN HONDA MOTOR CO., INC (Defendant) CRS# 373173577482 in Department 520
Tentative Ruling - 05/26/2026 Jamilah A. Jefferson
Defendant American Honda Motor Co., Inc. (Defendant)s concurrent Motion to Strike is GRANTED WITH LEAVE TO AMEND.
Here, the FAC alleges that Defendant concealed material information regarding the cars known defects from Plaintiff. (FAC ¶ 79.) However, it fails to allege facts showing that Plaintiff justifiably relied on Defendants actions (or lack thereof) concerning the subject defects. Plaintiff only alleges that Defendant had knowledge of the defects prior to the sale based on preproduction and post-production testing, numerous consumer complaints, warranty claims data compiled from HONDA's network of dealers, testing conducted by HONDA in response to these complaints, as well as warranty repair and part replacements data received by HONDA from HONDA's network of dealers, amongst other sources of internal information, and was in a superior position to know about the sensing defect. (Id. at ¶¶ 76, 88.)
The FAC alleges that Plaintiff could not have discovered the cars defects prior to purchase, and that had she known of the safety hazard, she would have been aware of it and not purchased the car. (Id. at ¶¶ 88-91.) Finally, the FAC alleges resulting damage. (Id. at ¶ 92.)
In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. (Civ. Code, § 3294, subd. (a).)
Here, the FAC has failed to allege facts sufficient to state a cause of action for fraud and has therefore failed to state a prima facie claim for punitive damages. Defendants motion to strike punitive damages is therefore GRANTED WITH LEAVE TO AMEND. (Civ. Code, § 3294, subd. (a).)
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NOTICE: This tentative ruling will automatically become the courts final order on May 28, 2026 unless, by no later than 4:00 P.M. on May 27, 2026, a party to the action notifies BOTH: 1) 25CV156008: AARON vs AMERICAN HONDA MOTOR CO., INC 05/28/2026 Hearing on Motion to Strike DEFENDANT AMERICAN HONDA MOTOR CO., INC.’S NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFF’S FIRST AMENDED COMPLAINT; filed by AMERICAN HONDA MOTOR CO., INC (Defendant) CRS# 373173577482 in Department 520 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 that they will appear in court in person for the hearing, however all other counsel/parties and the JUDGE MAY APPEAR REMOTELY.