Judge: Jon R. Takasugi, Case: 21STCV23936, Date: 2023-01-19 Tentative Ruling

Case Number: 21STCV23936    Hearing Date: January 19, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s motion for summary judgment is GRANTED.

On 6/28/2021, self-represented Plaintiff Sonya Howard (Plaintiff) filed suit against General Motors Company alleging: (1) breach of contract; (2) common counts; and (3) fraud.

On 10/3/32022, the Court granted Defendant’s motion for judgment on the pleadings as to the second and third causes of action.

Now, Defendant moves for summary judgment of Plaintiff’s first cause of action.  

            The motion is unopposed.

Factual Background

According to her Complaint, in January 2019, Plaintiff purchased the Malibu from the “Nissani Brothers.” (UMF No. 1.) In 2020, Plaintiff allegedly purchased the Trailblazer from the “Nissani Brothers.” (UMF No. 2.) The “Nissani Brothers” is not a party to this lawsuit. Plaintiff did not allege the Vehicle Identification Numbers (VINs) for either vehicle in her Complaint. (UMF Nos. 1, 2.) Plaintiff has failed to respond to discovery in this matter and, over a year into this litigation, has still neglected to identify the VINs or produce a sales contract for either vehicle. (Decl. Shugart ¶¶ 4, 8.)

Discussion

            On September 27, 2022, this Court granted GM’s Motion to Deem RFAs, Sets One and Two, Admitted. (UMF No. 4.) Defendants argue that it is entitled to summary judgment here because Plaintiff has admitted—with respect to both the Malibu and the Trailblazer—that:

-          She is not the owner of the vehicle. (UMF Nos. 6, 7);

-          She did not purchase or lease the vehicle from GM. (UMF Nos. 16, 17);

-          The vehicle is not a consumer good under Civil Code section 1791(a). (UMF Nos. 8, 9);

-          The vehicle is not a new motor vehicle under Civil Code section 1793.22(e)(2). UMF Nos. 10, 11;

-          The vehicle was repaired to conform to GM’s express warranty. (UMF No. 12, 13);

-          The vehicle does not qualify for repurchase or replacement under the Song-Beverly Consumer Warranty Act. (UMF No. 14, 15);

-          The defects she alleges to exist in the vehicle do not substantially impair the use, value, and/or safety of the vehicle. (UMF Nos. 18, 19);

-          The defects alleged to exist in the vehicle are not a nonconformity under Civil Code § 1793.22(e)(1). (UMF Nos. 20, 21);

-          She did not provide GM or its authorized service and repair facilities a reasonable opportunity to repair the defects she alleges to exist in the vehicle. (UMF Nos. 22, 23);

-          The defects she alleges to exist in the Malibu were repaired within a reasonable number of attempts. (UMF Nos. 24, 25.)

            Taken together, Defendant’s evidence shows Plaintiff has admitted she does not have standing to pursue the breach of contract claim, and even if she did, she has admitted that no breach of warranty occurred. Plaintiff did not oppose this motion, and thus has not shown any triable issue of material fact exists. 

            Based on the foregoing, Defendant’s motion for summary judgment is granted.

It is so ordered.

Dated:  January    , 2023

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

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