Judge: Erick L. Larsh, Case: 2020-01160697, Date: 2023-08-03 Tentative Ruling

Defendant KIA Motors America, Inc.’s motion for summary judgment, or in the alternative, summary adjudication is denied in its entirety. 

As to the first and fourth causes of action, there are triable issues of fact as to whether the number of repair attempts on plaintiff’s vehicle was reasonable.  Under Song-Beverly Consumer Warranty Act provision allowing replacement or reimbursement if goods do not conform to applicable express warranties after a reasonable number of attempts, issues of the existence and nature of an alleged nonconformity are questions of fact for the jury.  Robertson v. Fleetwood Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, rehearing denied, review denied.  However, there must be at least more than one attempt to repair.  Robertson v. Fleetwood Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785. 

The motion is denied as to the second cause of action for violation of Civil Code section 1793.2.  There are triable issues of fact as to whether defendant failed to complete any warranted repair within thirty days.

The motion is denied as to the third cause of action for violation of Civil Code section 1793.2(A)(3) as there is a triable issue of fact as to whether defendant provided insufficient literature or replacement parts necessary to perform the subject warranted repair. 

There are triable issues of fact as to UMF #4, 41.  See also UMF #5, 10, 15, 16, 17, 24, 26, 27, 29, 30, 33, 35, 36, 37, 38. 

There are triable issues of fact as to plaintiff’s additional undisputed material facts (“SGD”) #3 through 5, 7, 9 through 44.

Defendant’s objections to the declaration of Candice Sannella are overruled.

Defendant’s objections to the declaration of Philip McClairen are overruled

Defendant to give notice.