Halum vs. Jaguar Land Rover North America, LLC

public nuisance, their claim that they will be entitled to attorney fees under section 1021.5 if they prevail on their claims may stand. Lastly, Defendant argues that the prayer for injunctive relief is not supported by any of the claims set forth in the Complaint because those claims arise out of a hotel stay that has been concluded. Defendant ignores the fact that Plaintiffs have asserted a public nuisance claim, under which they may seek to enjoin the nuisance. (Code Civ. Proc., § 731.) In light of all the above, the Motion to Strike is DENIED. Defendant to give notice.

104 Halum vs. Jaguar Land Rover North America, LLC

25-01523324 Motion to Strike Portions of Complaint Defendant Jaguar Land Rover North America, LLC’s (“Defendant”) motion to strike portions of Complaint is GRANTED with 15 days leave to amend. This is an action for Violations of the Song-Beverly Consumer Warranty Act (CCP §1790, et seq.). Defendant moves for an order striking Prayer for Relief, Page 8, Section 5, line 18 of the Complaint, which reads “For civil penalty in the amount of two times Plaintiff's actual damages.” Defendant contends that Plaintiff did not plead compliance with CCP §871.24 and is therefore not entitled to civil penalties.

CCP §871.24 provides, in relevant part: (a) At least 30 days prior to the commencement of an action seeking civil penalties under subdivision (c) of Section 1794 of the Civil Code, the consumer shall do all of the following: (1) Notify the manufacturer of the consumer’s name, the accurate Vehicle Identification Number (“VIN”) of

the motor vehicle, and a brief summary of the repair history and problems with the motor vehicle. (2) Demand that the manufacturer repurchase or replace the motor vehicle. *** (e)(1) A request for or action seeking civil penalties under subdivision (c) of Section 1794 of the Civil Code shall not be allowed or maintained if both of the following conditions are present: (A) Within 30 days after receipt of the notice, the manufacturer makes an offer of restitution or replacement of the motor vehicle for the amount provided by subdivision (d) of Section 1793.2 of the Civil Code and Section 871.27, plus reasonable attorney’s fees and costs, if the consumer is represented by an attorney. (B) The motor vehicle replacement or restitution is completed within 60 days from the date of receipt of the original notice. *** (h) An action seeking restitution or replacement under Section 871.20 may be commenced without compliance with subdivision (a).