Judge: Keri G. Katz, Case: 37-2022-00051060-CU-BC-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00051060-CU-BC-CTL LEMIRE VS FORD MOTOR COMPANY [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Elk Grove Ford's motion for judgment on the pleadings is DENIED.

Elk Grove first raises the economic loss rule, however, none of the authorities Elk Grove relies on apply the economic loss rule to preclude a claim for negligent repair against a dealer. Pilgrim v. General Motors Company (C.D. Cal. 2020) 2020 WL 7222098 discusses causes of action for negligence and negligent failure to recall against a manufacturer, not a dealer. Similarly, Seely v. White Motor Co. (1965) 63 Cal.2d 9 only discusses claims against a manufacturer. The other cases Elk Grove relies on do not involve Lemon Law claims or negligent repair causes of action. The court is not persuaded by Elk Gove's argument that Plaintiff's negligent repair claim 'arises from, and is not independent of, the warranty contract.' Elk Grove's argument ignores that, as pled, the warranty contract is between Plaintiff and Defendant Ford Motor Company [Cplt. ¶ 10], not between Plaintiff and Elk Grove. Absent authority from Elk Grove, the court is persuaded by Velasco v. Ford Motor Company (S.D. Cal. 2022) 2022 WL 2287258, which allows for negligent repair claims against dealers. See also, Sabicer v. Ford Motor Company (C.D. Cal. 2019) 362 F.Supp.3d 837.

Elk Grove also raises the issue of the adequacy of the damages allegations. The court finds the allegations of ¶ 24 ['Plaintiff suffered damages in a sum to be proven at trial in an amount that is not less than $25,001.00.'] and ¶ 49 ['Defendant EGF's negligent breach of its duties owed to Plaintiff were a proximate cause of Plaintiff's damages.'] sufficient to support the element of damages on Plaintiff's negligent repair claim against Elk Grove.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

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