Judge: Colin Leis, Case: 21STCV42681, Date: 2025-01-09 Tentative Ruling

Case Number: 21STCV42681    Hearing Date: January 9, 2025    Dept: 74

De Rosales v. General Motors, LLC

Defendant General Motors’ Motion for Summary Judgment

BACKGROUND 

            This motion arises from a Song-Beverly complaint.

            Plaintiff Graciela Calderon de Rosales (Plaintiff) filed a complaint against defendant General Motors (Defendant) alleging a defective product.

            On June 2, 2023, Plaintiff filed the Second Amended Complaint (SAC).  Plaintiff alleged six causes of action: (1) Violation of Civil Code section 1793.2(d); (2) Violation of Civil Code section 1793.2(b); (3) Violation of Civil Code section 1793.2(a)(3); (4) Breach of Express Written Warranty; (5) Breach of Implied Warranty of Merchantability; and (6) Fraud by Omission.

            On January 31, 2024, Defendant filed a Motion for Summary Judgment of all Plaintiff’s causes of action.

LEGAL STANDARD

            Summary judgment or adjudication shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.  (Code Civ. Proc., § 437c, subd. (c).)  Courts “liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party.”  (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.)

EVIDENTIARY OBJECTIONS

The court sustains Plaintiff’s evidentiary objections.  Ordinarily, percipient witnesses, not attorneys, provide evidence. Defendant’s counsel fails to lay the foundation for his personal knowledge that permits him to attest to the authenticity of any his client’s documents offered in support of Defendant’s motion. Accordingly, Defendant fails to establish the admissibility of Defendant’s evidence. Because Defendant fails to present evidence that would allow the Court to grant the Motion for Summary Judgment, the Court denies the motion.  (See Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 850-51.)

CONCLUSION

The Court denies Defendant’s Motion for Summary Judgment. 

Defendant to give notice.