Judge: Armen Tamzarian, Case: 25STCV00484, Date: 2025-04-22 Tentative Ruling

Case Number: 25STCV00484    Hearing Date: April 22, 2025    Dept: 52

Tentative Ruling:

            Defendant General Motors, LLC’s Demurrer

Defendant General Motors, LLC demurs to all five causes of action alleged by plaintiffs Marc Najjar and Graces & More, Inc.

Plaintiffs fail to allege sufficient facts to constitute any of their five causes of action under the Song-Beverly Consumer Warranty Act.  Plaintiffs filed this action shortly after Code of Civil Procedure section 871.21 took effect.  Section 871.21, subdivision (b), provides, “[A]n action” under the Song-Beverly Act “shall not be brought later than six years after the date of original delivery of the motor vehicle.”  Plaintiffs allege they purchased the subject vehicle “[o]n or about December 29, 2018.”  (Comp., ¶ 5.)  Plaintiffs filed the complaint on January 8, 2025, more than six years later. 

Plaintiffs did not file a timely opposition to this demurrer.  The court will sustain the demurrer.

Defendant General Motors, LLC’s demurrer to the complaint by plaintiffs Marc Najjar and Graces & More, Inc. is sustained with leave to amend.  Plaintiffs shall file any first amended complaint within 15 days.