NOE BARRAGAN VS. GENERAL MOTORS LLC.

5/14/26 - Law and Motion Calendar Judge Mark A. McCannon – Department 2 Page 17 of 26

2:00 PM LINE: 6 24-CIV-07516 NOE BARRAGAN VS. GENERAL MOTORS LLC.

NOE BARRAGAN TIONNA CARVALHO GENERAL MOTORS, LLC. GREGORY GRUSZECKI

DEFENDANT’S MOTION TO STRIKE PUNITIVE DAMAGES FROM PLAINTIFF'S FIRST AMENDED COMPLAINT

TENTATIVE RULING:

For the reasons stated below, Defendant GM’s unopposed Motion to Strike Plaintiff’s request for punitive damages is GRANTED pursuant to Code of Civil Procedure section 435.

The first four causes of action for violations of the Song-Beverly Consumer Warranty Act do not support a claim for punitive damages. Because Plaintiff’s fifth cause of action for fraudulent concealment fails for the reasons discussed in connection with Defendant’s Demurrer, the Complaint does not support a claim for punitive damages.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall prepare a written order consistent with this ruling for the Court’s signature, pursuant to California Rules of Court, rule 3.1312, and provide notice of the ruling to all appearing parties as required by law. The Court further directs the parties’ attention to revised Local Rule 3.403(b)(iv) (eff. Jan. 1, 2024) regarding the form of proposed orders.