Judge: Kevin C. Brazile, Case: 22STCV18318, Date: 2022-08-12 Tentative Ruling

Hearing Date: August 12, 2022

Case Name: Ayala v. Ford Motor Company, et al.

Case No.: 21STCV31750

Matter: Motion to Compel Further Response

Moving Party: Plaintiff Augustin Ayala

Responding Party: Defendant Ford Motor Company 

Notice: OK

Ruling: The Motion is denied.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is a lemon law action.  Plaintiff Augustin Ayala seeks to compel a further response from Defendant Ford Motor Company as to request for admission no. 5.  

Request no. 5 asks Defendant to admit that “The SUBJECT VEHICLE was a new motor vehicle for purposes of the Song-Beverly Warranty Act.”

Defendant responded as follows: “Ford has made a reasonable inquiry concerning the matter of this Request, and the information known or readily obtainable is insufficient to enable Ford to admit or deny this Request. ‘New motor vehicle’ as defined in Civil Code section 1793.22(e)(2) means a new motor vehicle that is bought or used primarily for personal, family, or household purposes and/or is owned by a person for business purposes who has not more than 5 motor vehicles registered in the state. Ford lacks knowledge regarding the subjective reasons Plaintiff purchased the subject vehicle and how many vehicles are registered to the Plaintiff. Ford's discovery and investigation are ongoing, and Ford reserves the right to amend or supplement this Response if additional information is acquired. However, in the spirit of cooperation, Ford admits the subject vehicle is new, only based on the fact that Plaintiff was the first owner, the vehicle was not second-hand or preowned by another individual prior to Plaintiff's purchase, and not as to other legal implications the phrase ‘new vehicle’ may have.”

The Motion is denied because, at bottom, Defendant admits the vehicle is new because there were no previous owners.  

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.