Judge: Michael Small, Case: 24STCV25906, Date: 2024-12-16 Tentative Ruling

Case Number: 24STCV25906    Hearing Date: December 16, 2024    Dept: 57

Defendant's demurrer to the Plaintiff's claims under the Song-Beverly Act is sustained with leave to amend on the following grounds.  First, the claims are barred by the applicable four-year statute of limitations.  Second, the claims are foreclosed by Rodriguez v. FCA US, LLC (2024) 17 Cal.5th 189.  In that case, the California Supreme Court held that the Song-Beverly Act does not apply to pre-owned vehicles like the Plaintiff's vehicle unless a new warranty came with the purchase of the vehicle. Plaintiff fails to allege that she got such a warranty with the purchase of her pre-owned vehicle.   

Defendant's demurrer to the Plaintiff's fraud claim is sustained with leave to amend on the following grounds.  First, the fraud claim is barred by the applicable three-year statute of limitations.   Plaintiff has failed to plead within the discovery rule that would toll the accrual of the claim.   Second, Plaintiff has failed to plead the fraud claim with sufficient specificity.

Defendant's motion to strike the prayer for punitive damages in Plaintiff's complaint is denied as moot in light of the Court's ruling on the Plaintiff's fraud claim on which the prayer for punitive damages rests. 

Plaintiff shall file and serve a First Amended Complaint by January 17, 2025.