Judge: Michael T. Smyth, Case: 37-2020-00041599-CU-BC-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - May 30, 2024

05/31/2024  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 for Judgment on the Pleadings, 02/21/2024

Defendant McLaren Automotive, Inc.'s Motion for Judgment on the Pleadings is DENIED. The request for judicial notice is granted. (ROA 173.) A motion for judgment on the pleadings is equivalent to a demurrer. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1064.) All properly pleaded, material facts are deemed true, but not contentions, deductions, or conclusions of fact or law; judicially noticeable matters may be considered. (See Kapsimallis v. Allstate Ins. Co. (2002) 104 Cal.App.4th 667, 672; see also Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 551 ['On a motion for judgment on the pleadings, like a demurrer, all reasonable inferences must be drawn in favor of the pleader.'].) Civil Code section 1795.5 states that '[n]otwithstanding the provisions of subdivision (a) of Section 1791 defining consumer goods to mean 'new' goods, the obligation of a distributor or retail seller of used consumer goods in a sale in which an express warranty is given shall be the same as that imposed on manufacturers under this chapter[.]' The relevant effect of Section 1795.5 is to impose the obligations under Section 1792 on distributors of used vehicles. There is no judicially noticeable evidence on which the court can determine Defendant not to be a distributor of used vehicles and the FAC sufficiently identified Defendant as a distributor. The court must make the reasonable inference that the allegation includes used vehicles, whether or not Plaintiff will be able to prove such. To the degree, based on facts outside the pleadings, Defendant believes the cause of action was filed for an improper purpose or is indisputably without merit, it may file a procedurally proper motion for sanctions.

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