Judge: Jon R. Takasugi, Case: 24STCV19200, Date: 2025-03-27 Tentative Ruling

Case Number: 24STCV19200    Hearing Date: March 27, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion to dismiss with prejudice is GRANTED.

On 8/1/2024, Plaintiff Esperanza Carranza (Plaintiff) filed suit against General Motors, LLC (Defendant) alleging violations of the Song-Beverly Warranty Act. 

On 2/11/2024, Defendant moved to dismiss Plaintiff’s lawsuit with prejudice.

            The motion is unopposed.

Discussion

            Defendant argues that Plaintiff’s action is barred by the doctrines of res judicata and collateral estoppel. Plaintiff previously brought a Complaint in the Kern County Superior Court (Case Number: BCV-22- 103318) on 12/14/2022, almost two years preceding the initiation of this operative lawsuit filed on 8/1/2024, in the Los Angeles Superior Court (Case Number: 24STCV19200) pertaining to the exact same vehicle with the same Vehicle Identification Number. Plaintiff’s Kern County action was settled on 7/26/2024, notice of settlement was filed with the court on 8/13/2024, and the notice of dismissal was memorialized with the court on 9/5/2024 with prejudice.

            The Court takes Plaintiff’s non-opposition to be a concession on the merits.

            Based on the foregoing, Defendant’s motion to dismiss with prejudice is granted.

It is so ordered.

Dated:  March    , 2025

   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.  For more information, please contact the court clerk at (213) 633-0517.