Judge: Armen Tamzarian, Case: 25STCV01996, Date: 2025-04-10 Tentative Ruling

Case Number: 25STCV01996    Hearing Date: April 10, 2025    Dept: 52

Defendant General Motors, LLC’s Demurrer and Motion to Strike Portions of Complaint

Demurrer

Defendant General Motors, LLC (GM) demurs to all five causes of action alleged by plaintiffs Seth Ryan Wilson and Jenifer Renee Wilson.

1-4. Claims Under Song-Beverly Act

Plaintiffs concede they cannot allege sufficient facts to constitute a cause of action for violation of the Song-Beverly 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 in December 2017 (Comp., ¶ 10), more than six years ago.  The court will therefore sustain GM’s demurrer to the first through fourth causes of action without leave to amend.

5. Magnuson-Moss Warranty Act

            Plaintiffs do not allege sufficient facts to constitute a violation of the federal Magnuson-Moss Warranty Act.  Claims under that statute “hinge on the [plaintiffs’] state law warranty claims.”  (Clemens v. DaimlerChrysler Corp. (9th Cir. 2008) 534 F.3d 1017, 1022, fn. 3.)  Plaintiffs do not allege sufficient facts for their state law warranty claims.  Their fifth cause of action therefore also fails. 

Plaintiffs rely on Dagher v. Ford Motor Co. (2015) 238 Cal.App.4th 905.  There, the court acknowledged that, apart from the Song-Beverly Act, a consumer “ ‘may seek to enforce the express warranty against the manufacturer by bringing an action under the Commercial Code based on breach of express warranty.’ ”  (Id. at p. 928.)  The Song-Beverly “Act was meant to supplement, not supersede, the provisions of the Commercial Code.”  (Ibid.)  As in this case, the operative pleading did not allege a violation of the Commercial Code.  The Court of Appeal held “the trial court abused its discretion in denying the motion to amend the current complaint” and must permit plaintiff to move to amend the complaint to “set forth express warranty and Magnuson-Moss claims.”  (Id. at p. 929.)  Rather than overruling the demurrer, permitting plaintiffs leave to amend is appropriate here. 

Motion to Strike

            Defendant General Motors LLC moves to strike plaintiffs’ claim for punitive damages as indicated on the civil case cover sheet.  Though plaintiffs’ complaint does not allege any claim for punitive damages, they checked the box for punitive damages on the civil case cover sheet.  (Form CM-010, § 3.c.)  Plaintiffs did not oppose defendant’s motion to strike.  The court will therefore strike this portion of the civil case cover sheet.

Disposition

            Defendant General Motors, LLC’s demurrer to plaintiffs’ Seth Ryan Wilson and Jenifer Renee Wilson’s first through fourth cause of action is sustained without leave to amend.  Defendant’s demurrer to the fifth cause of action is sustained with leave to amend.  Defendant’s motion to strike is granted with leave to amend.  The court hereby strikes section 3.c of plaintiff’s civil case cover sheet.  Plaintiffs shall file a first amended complaint within 20 days.