Jin Young Kim v. Mercedez-Benz USA, LLC

DEMURRER TO COMPLAINT

 

MOVING PARTY: Defendant Mercedes-Benz USA, LLC

RESPONDING PARTY(S): Plaintiff Jin Young Kim

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Jin Young Kim brings this action for violations of the Song-Beverly Act against Defendant Mercedes-Benz USA, LLC. On or about July 26, 2022, Plaintiff purchased a vehicle manufactured by Defendant. Plaintiff alleges the subject vehicle exhibited electrical, software, and safety system defects, among other things.

Defendant now demurrers to the Complaint .  Plaintiff opposed. Defendant did not file a Reply.

TENTATIVE RULING:

Defendant’s Demurrer to the Complaint is SUSTAINED, with 30 days leave to amend. 

Defendant to give notice, unless waived.

DISCUSSION:

Demurrer

I. Meet and Confer

Counsel for Defendant states Defendant “reached out to Plaintiff’s counsel on January 18, 2023 and outlined the deficiencies in the Complaint as outlined in MBUSA’s demurrer in advance of filing of the instant demurrer.” (Bassi Decl. ¶ 2.) But Plaintiff’s opposition, which challenges the sufficiency of the meet and confer, adds additional context. Defendant’s counsel apparently sent a meet and confer email to Plaintiff’s counsel on January 18, 2023, at 9:02 p.m. (Xie Decl. ¶ 3, Exh. 1.) Defendant then filed its Demurrer only nine minutes later, at 9:11 p.m. that same evening. This occurred before Defendant had responded—or reasonably could have responded—to Defendant’s meet and confer email.

“Before filing a demurrer…the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer...” (Code Civ. Proc., § 430.41, subd. (a) [emphasis added].) It goes without saying that filing the Demurrer within minutes of sending a meet and confer email in the evening hours—before any substantive communication could reasonably take place—does not comply with the Code’s requirements. 

Indeed, this court respectfully submits that a good faith meet and confer likely could have resolved the issues raised by the demurrer, thereby saving the parties and this court from unnecessary motion practice. 

In order to preserve resources already expended, the court exercises its discretion to consider the Demurrer on its merits absent a sufficient meet and confer. The parties are admonished to comply with all meet and confer obligations required by law going forward.

II. Legal Standard

A demurrer for sufficiency tests whether the complaint states a cause of action.  (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.)  When considering demurrers, courts read the allegations liberally and in context.  (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal. App. 4th 1216, 1228.)  In a demurrer proceeding, the defects must be apparent on the face of the pleading or by proper judicial notice.  (CCP § 430.30(a).)  A demurrer tests the pleadings alone and not the evidence or other extrinsic matters.  (SKF Farms v. Superior Court (1984) 153 Cal. App. 3d 902, 905.)  Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.  (Id.)  The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action.  (Hahn, 147 Cal.App.4th at 747.)  

III. Analysis

First, Defendant argues the complaint is uncertain and not pled with the requisite particularity for alleging statutory claims. As a general rule, statutory causes of action must be pleaded “with reasonable particularity.” (Gutierrez v. Carmax Auto Superstores California (2018) 19 Cal. App. 5th 1234, 1261.) 

Plaintiff alleges “[o]n or about July 26, 2022, in exchange for valuable consideration, Plaintiff purchased a 2022 Mercedes-Benz C300,” with VIN number W1KAF4GB4NR020598, manufactured or distributed by Defendant. (Compl. ¶ 5.) Defendant provided an express written warranty “that in the event a defect developed with the Vehicle during the warranty period, Plaintiff could deliver the Vehicle for repair services to a repair shop and the Vehicle would be repaired.” (Id. ¶ 9.) “After Plaintiff took possession of the Vehicle and during the warranty period, the Vehicle contained or developed defects…that substantially impair the use, safety, and/or value of the Vehicle,” including: a defective electrical system; a defective safety system; a defective software system; and a defective infotainment system. (Id. ¶¶ 10, 11.) Plaintiff alleges Defendant had “sufficient opportunity to service or repair the Vehicle,” but “was unable and/or failed to service or repair the Vehicle within a reasonable number of attempts.” (Id. ¶ 3.) 

Considering these allegations and accepting them as true, Plaintiff has allegedly sufficient facts to apprise Defendant of the basis of the claims upon which Plaintiff seeks relief under the reasonable particularity standard. (See Fox v. JAMDAT Mobile, Inc., 185 Cal. App. 4th 1068, 1078 [“A demurrer accepts as true all well pleaded facts” in the Complaint].)

Defendant also argues the complaint is uncertain or not pled with the requisite specificity because Plaintiff has not alleged if the vehicle was purchased new or used. (See Rodriguez v. FCA US LLC (2022) 77 Cal.App.5th 209.) Defendant continues by arguing hypothetical issues that would arise in the event the vehicle was purchased used. 

Of course, Defendant likely could answer this question by reviewing its own records, or by easily meeting and conferring with Plaintiff. Be that as it may, a demurrer tests the pleadings alone and not the evidence or other extrinsic matters.  (SKF Farms v. Superior Court (1984) 153 Cal. App. 3d 902, 905.) By failing to allege whether the vehicle was purchased new or used, the Complaint is subject to demurrer. The amended pleading should include this information so that neither Defendant nor this court are left to speculate.

Accordingly, Defendant’s Demurrer to the Complaint is SUSTAINED, with leave to amend. 

Defendant to give notice.

IT IS SO ORDERED.

Dated:   October 2, 2023 ___________________________________