Judge: Cherol J. Nellon, Case: 21STCV40537, Date: 2023-11-16 Tentative Ruling

Case Number: 21STCV40537    Hearing Date: February 29, 2024    Dept: 14

Mourad vs Tesla

Case Background

Lemon law involving Plaintiff’s 2018 Tesla Model 3.

On November 3, 2021, Plaintiff filed his Complaint for (1) Breach of Implied Warranty – Song-Beverly; (2) Breach of Express Warranty – Song-Beverly; (3) Breach of Express Warranty – Magnuson-Moss; (4) Breach of Implied Warranty – Magnuson-Moss; and (5) Negligence against Defendants Tesla Inc. fka Tesla Motors Inc. (“Tesla”) and DOES 1-100.

On May 19, 2022, Defendant Tesla filed its Answer.

On July 12, 2023, this court construed Defendant Tesla’s Motion for Summary Judgment as a motion for judgment on the pleadings and granted it, with leave to amend.

On July 31, 2023, Plaintiff filed his First Amended Complaint for (1) Breach of Express Warranty – Commercial Code, (2) Negligence, (3) Breach of Warranty – Magnuson-Moss, (4) Breach of Implied Warranty – Song-Beverly, and (5) Breach of Express Warranty – Song-Beverly against Defendants Tesla and DOES 1-100.

On August 30, 2023, Defendant Tesla filed its Answer.

Jury Trial is currently set for May 6, 2024.

Instant Motions

Defendant Tesla now moves this court for an order compelling Plaintiff to (1) sit for deposition, and (2) produce the vehicle for inspection.

Decision

The motions are GRANTED. Plaintiff is to sit for deposition on or before March 29, 2024. Plaintiff is to produce the vehicle for inspection on or before April 12, 2024.

The motions are unopposed. The lack of an opposition operates as a concession that the motion has merit. See California Rules of Court Rule 3.1113(a); see also Rule 3.1320(f); Herzberg v. County of Plumas (2005) 133 Cal.App.4^th 1, 20.