Judge Olivia Rosales, Case 22NWCV00144 2022-09-15 Tentative Ruling

Judge: Olivia Rosales, Case: 22NWCV00144, Date: 2022-09-15 Tentative Ruling

Case Number: 22NWCV00144 Hearing Date: September 15, 2022 Dept: SEC

MARTINEZ v. VOLKSWAGEN GROUP OF AMERICA, INC.

CASE NO.: 22NWCV00144

HEARING: 09/15/22

JUDGE: JOHN A. TORRIBIO

TENTATIVE ORDER

Defendant VOLKSWAGEN GROUP OF AMERICA, INC.’s Demurrer to Plaintiff’s Complaint is OVERRULED.

Opposing Party to give Notice.

This lemon law action was filed by Plaintiff JOHANNA MARTINEZ (“Plaintiff”) ono March 1, 2022. Plaintiff’s Complaint asserts the following causes of action: (1) Statutory Violation of Cal. Civ. Code §1793.2(d)- Failure to Repurchase/Replace; (2) Statutory Violation of Cal. Civ. Code §1794(b)—Failure to Complete Repairs within 30 days; (3) Statutory Violation of Cal. Civ. Code §§1791.1, 1794—Breach of Implied Warranty of Merchantability; and (4) Violation of the B&P Code.

Defendant VOLKSWAGEN GROUP OF AMERICA, INC. (“Defendant”) generally demurs to the fourth cause of action on the basis that “the Unfair Competition Law provides only for equitable remedies, and a plaintiff cannot seek injunctive relief when she has an adequate remedy at law.” (Dem. 1:8-10.)

“The Unfair Business Practices Act defines ‘unfair competition’ as any ‘unlawful, unfair or fraudulent business practice and unfair, deceptive, untrue or misleading advertising….’ The Legislature intended this ‘sweeping language’ to include ‘anything that can properly be called a business practice and that at the same time is forbidden by law.’” (Bank of the West v. Sup. Ct. (1992) 2 Cal.4th 1254, 1266.)

Here, Plaintiff adequately alleges (unchallenged) violations of the Song-Beverly Warranty Act. These allegations are sufficient to constitute an “unlawful” practice for purposes of a UCL claim.

Moreover, “this Court find[s] no bar to the pursuit of alternative remedies at the pleadings stage. (Citation Omitted.)” (Deras v. Volkswagen Group Of America, Inc. (N.D. Cal., May 17, 2018) WL 2267448 at *6.)

The demurrer to the fourth cause of action is OVERULED. Defendant to Answer in 30 days.