Yarber

Yarber v. Kia America, Inc

Good Law
United States District Court, Northern District of CaliforniaMarch 27, 20234:22-cv-03411California2,963 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THELMA YARBER, Case No. 22-cv-03411-HSG

Plaintiff, ORDER GRANTING MOTION TO

DISMISS AND DENYING MOTION TO

v. STRIKE

KIA AMERICA, INC, Re: Dkt. Nos. 18, 19 Defendant.

12 Before the Court are Defendant Kia America’s motions to dismiss and to strike. Dkt. Nos. 18, 19. The Court finds this matter appropriate for disposition without oral argument and the matter is deemed submitted. See Civil L.R. 7-1(b). The Court GRANTS the motion to dismiss and DENIES the motion to strike. I. BACKGROUND Plaintiff Thelma Yarber, who purchased a 2019 Kia Soul, brings this vehicle defect case against Kia. See Dkt. No. 3 (“Compl.”) ¶ 8. She alleges that 2012 to 2019 Kia Souls with 2.0 or 1.6L GDI engines are “susceptible to sudden stalling while at any speed and/or to burst into flames” and have catalytic converters that overheat. Id. ¶¶ 16, 18. Plaintiff brings causes of action for violation of…

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