Judge: Jon R. Takasugi, Case: 24STCV27595, Date: 2025-01-10 Tentative Ruling

Case Number: 24STCV27595    Hearing Date: January 10, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND.

            On 10/22/2024, Plaintiff Amanda M. Quintanar (Plaintiff) filed suit against Mercedes-Benz USA, LLC (Defendnat), alleging violations of the Song-Beverly Consumer Warranty Act.  

            On 1/10/2024, Defendant demurred to Plaintiff’s Complaint.

            The motion is unopposed.

Discussion

            Defendant argues that Plaintiff’s Complaint is uncertain and ambiguous because it fails to allege whether the vehicle at issue therein is a “new” motor vehicle under the Song-Beverly Act and pursuant to Rodriguez v. FCA US, LLC (2024) 17 Cal.5th 189, 195-96.

If a vehicle is purchased used and does not come with a new vehicle warranty at time of purchase, then there is no viable cause of action under the Act. (Rodriguez, supra, 17 Cal.5th at p. 195-196.)

Here, Plaintiff does not allege that the car is new, and rather alleges facts which suggest that the car is used. 

Plaintiff did not oppose the motion, which the Court takes to be a concession to Defendant’s motion on the merits.

Based on the foregoing, Defendant’s demurer is sustained, without leave to amend.

It is so ordered.

Dated:  January    , 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.