Judge: Michael Shultz, Case: 23CMCV01844, Date: 2024-06-27 Tentative Ruling
Case Number: 23CMCV01844 Hearing Date: June 27, 2024 Dept: A
23CMCV01844
Victor D. Martinez, et al v. American Honda Motor Company
[TENTATIVE] ORDER
The
complaint alleges that Defendant issued a written express warranty in
connection with Plaintiffs’ purchase of a 2022 Honda Accord. Plaintiffs allege
that the vehicle’s “sensing” function was defective and impaired its use.
Defendant failed to comply with its statutory obligations to replace the
vehicle or pay restitution after failing to repair the defects. Plaintiffs
allege four separate violations of the Song-Beverly Consumer Warranty Act
(“SBA”) and a fifth cause of action for fraud and concealment.
Plaintiffs
filed this motion on May 15, 2024. At the June 14, 2024 Case Management
Conference, the Court acknowledged Plaintiffs’ previously filed motion and
ordered the parties to review and read the Addendum to Case Management
Conference Order pertaining to litigation of claims under the SBA and to meet
and confer to determine whether the issues raised by Plaintiffs’ motion were
addressed by the Addendum. The parties were ordered to either withdraw the
motion or file a supplemental brief to address if the Addendum obviates the
need for Plaintiff’s motion. (M.O.
6/14/24.)
Neither
party complied with the court’s order. Accordingly, the hearing is continued to