Judge: Michael T. Smyth, Case: 37-2020-00041599-CU-BC-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - March 07, 2024

03/08/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2020-00041599-CU-BC-CTL REYNOLDS VS MCLAREN AUTOMOTIVE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 07/14/2023

Plaintiff Sean P. Reynolds' Motion to Stay is DENIED. The court already ruled on a stay in its July 24, 2023 order, stating: 'Plaintiff argues the case should be stayed because the California Supreme Court is currently reviewing the case, but in granting review, the Supreme Court denied requests to depublish the appellate court's opinion and stated that Rodriguez 'may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion . . . to choose between sides of any such conflict.' (Rodriguez v. FCA US (July 13, 2022) 512 P.3d 654.) The court exercises its discretion to follow Rodriguez and finds that the Plaintiff's vehicle was not a 'new motor vehicle' for the purposes of the Song-Beverly Act.' (ROA 156.) Nothing has been raised since that ruling that would cause a different result now. The court continues to find that Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209 governs this matter. The motion is denied.

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