Judge: James A. Mangione, Case: 37-2021-00019783-CU-BC-CTL, Date: 2023-08-18 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 17, 2023

08/18/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Summary Judgment / Summary Adjudication (Civil) 37-2021-00019783-CU-BC-CTL GONZALEZ VS PERRY FORD OF NATIONAL CITY LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The Court stays this case pending the California Supreme Court decision in Rodriguez v. FCA US (Case No. S274625). Here, whether a used car accompanied by some remaining balance on the original warranty qualifies as an 'other motor vehicle sold with a manufacture's new car warranty' is potentially dispositive of all but one of Plaintiffs' causes of action. Furthermore, the docket for the Rodriguez case indicates that the matter has been fully briefed and is awaiting an oral argument date. Therefore, the Court finds that a stay pending the California Supreme Court's decision is appropriate. (See OTO, L.L.C.

v. Kho (2019) 8 Cal.5th 111, 141 ('[A] court ordinarily has inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.').) The Court will address setting a new trial date at the hearing.

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