Judge: Armen Tamzarian, Case: 24STCV21363, Date: 2024-12-11 Tentative Ruling

Case Number: 24STCV21363    Hearing Date: December 11, 2024    Dept: 52

Defendant BMW of North America, LLC’s Demurrer to Complaint

Defendant BMW of North America, LLC demurs to all five causes of action alleged in the complaint by plaintiffs Joshua De Paz and Milvia Ramos.

Summary of Complaint

Plaintiffs allege five causes of action: (1) violation of Civil Code section 1793.2(d); (2) violation of section 1793.2(b); (3) violation of section 1793.2(a)(3); (4) breach of express written warranty; and (5) breach of implied warranty of merchantability.  Each cause of action arises from alleged defects in the subject vehicle, “a 2019 BMW 530 E,” which plaintiffs purchased in April 2023.  (Comp., ¶ 5.)

Discussion

Plaintiffs do not allege sufficient facts to constitute any of their five causes of action against defendant.  Each cause of action alleges a violation of a provision of the Song-Beverly Consumer Warranty Act (the Act).  The Act “distinguishes between new and used products and calibrates manufacturers’ and sellers’ obligations accordingly.”  (Rodriguez v. FCA US LLC (2024) 17 Cal.5th 189, 200 (Rodriguez).)  Most provisions of the Act apply to “consumer goods (i.e., new products).”  (Ibid.)  Other provisions apply to “new motor vehicles,” which the California Supreme Court held does not include “a motor vehicle purchased with an unexpired manufacturer’s new car warranty …  unless the new car warranty was issued with the sale.”  (Id. at p. 196.) 

Rodriguez further elaborated on the Act’s distinctions between new and used products: “Separate from the[] provisions concerning new products, the Act includes a distinct section addressing used products.”  (Rodriguez, supra, at p. 200.)  “[T]he basic framework of the Song-Beverly Act distinguishes between new and used products and ‘provides similar remedies in the context of the sale of used goods, except that the manufacturer is generally off the hook.’ ”  (Id. at p. 201 [italics added]; see also Nunez v. FCA US LLC (2021) 61 Cal.App.5th 385, 399 [“only distributors or sellers of used goods—not manufacturers of new goods—have implied warranty obligations in the sale of used goods”].)

As discussed above, plaintiffs allege they purchased a 2019 BMW vehicle in 2023.  They do not allege the vehicle was new, that defendant BMW of North America, LLC issued a new vehicle warranty with the sale, or sold the subject vehicle to plaintiffs.

Plaintiffs’ opposition primarily makes generic arguments based on the legal standard for demurrers.  It does not cite Rodriguez and does not adequately address the basis of defendant’s demurrer. 

Disposition

            Defendant BMW of North America, LLC’s demurrer to plaintiffs Joshua De Paz and Milvia Ramos’s complaint is sustained with leave to amend.  Plaintiffs shall have 20 days to file a first amended complaint.