Judge: Elaine W. Mandel, Case: 23SMCV03121, Date: 2023-12-11 Tentative Ruling

Case Number: 23SMCV03121    Hearing Date: December 11, 2023    Dept: P

Tentative Ruling

Carrillo et al. v. Porsche Leasing LTD., Case No. 23SMCV03121

Hearing Date December 11, 2023

Defendant Porsche Leasing LTD.’s Demurrer to Complaint

Plaintiff sued demurring defendant Porsche Leasing, which leased a vehicle to defendant Sabouhi, who allegedly struck plaintiff. Porsche demurs under the Graves amendment.

Under the Graves amendment “An owner of a motor vehicle that rents or leases a vehicle to a person (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner),

For harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental lease, if – (1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and (2) there is no negligence or criminal wrongdoing on the part of the owner.” 49 U.S.C. §30106.

Defendant Porsche argues it is in the business of leasing vehicles and submits a State of California Certificate of Title (Exhibit C) showing it owned the involved vehicle. The court can take judicial notice of the certificate and the fact that Porsche is in the business of leasing vehicles under Cal. Evid. Code §452(g) and (h).

On demurrer, Porsche cannot establish applicability of the Graves Amendment limiting its liability or that it did not act with negligence or criminal wrongdoing. A complete affirmative defense under the Graves amendment cannot be established on demurrer, as it requires evidence. These arguments are more properly made on summary judgment. DENIED.