Judge: Armen Tamzarian, Case: 21STCV14939, Date: 2023-04-14 Tentative Ruling

Case Number: 21STCV14939    Hearing Date: April 14, 2023    Dept: 52

Tentative Ruling:   

Defendant General Motors, LLC’s Motion for Summary Adjudication

Defendant General Motors, LLC moves for summary adjudication of the first five causes of action alleged by plaintiff Juan Gutierrez. 

Defendant’s motion relies on Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, which held the Song-Beverly Act’s definition of “new motor vehicle” applies “to vehicles that have never been previously sold to a consumer and come with full express warranties,” but not to "used vehicles sold with some part of the manufacturer’s warranty still in force.”  (Id. at pp. 220-221, review granted July 13, 2022, S274625.)  This question is pending before the California Supreme Court. 

It is undisputed that plaintiff purchased the subject vehicle, his 2015 Chevrolet Cruze, used with 32,441 miles on its odometer.  (Response to Separate Statement, No. 2.)  If the Court of Appeal’s decision is affirmed, defendant’s motion for summary adjudication should be granted for at least the first four causes of action.  The court will therefore exercise its discretion to stay this entire action until the California Supreme Court issues its opinion in Rodriguez v. FCA US, LLC.   

The court hereby stays the entire action. 

The court hereby continues the hearing on defendant’s motion for summary adjudication to August 14, 2023, at 9:00 a.m.  The court hereby vacates the hearing on plaintiff’s motion to compel deposition of person most knowledgeable set for April 25, 2023, the final status conference set for May 8, 2023, and the trial set for May 17, 2023.