Judge: Robert B. Broadbelt, Case: 21STCV25581, Date: 2025-02-14 Tentative Ruling

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Case Number: 21STCV25581    Hearing Date: February 14, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Beverly Rosales Argueta a/k/a Beverly Gonzalez

RESPONDING PARTY:       Unopposed

Plaintiff’s Motion in Limine No. 13

Plaintiff Beverly Rosales Argueta a/k/a Beverly Gonzalez (“Plaintiff”) moves in limine for an order excluding reference to the loss of the subject vehicle as it relates to any trade-in amounts and any claim by defendant Kia Motors America (“Defendant”) for credit or an offset regarding the trade-in amounts.

“[I]n an action pursuant to section 1794, neither a trade-in credit nor sales proceeds reduce the statutory restitution remedy set forth in section 1793.2, subdivision (d)(2), at least where . . . a consumer has been forced to trade in or sell a defective vehicle due to the manufacturer’s failure to comply with the [Song-Beverly Consumer Warranty] Act.”  (Niedermeier v. FCA US LLC (2024) 15 Cal.5th 792, 800; Id. at pp. 807 [“Nowhere does section 1793.2 provide that a restitution award must be reduced by any amount a buyer receives when trading in or selling the defective vehicle to a third party”], 813 [“we conclude that the language of section 1793.2, subdivision (d)(2) does not permit any reduction in the restitution award by the amount of a trade-in credit or sale”].)  Thus, the court finds that Defendant may not reduce a restitution award made in favor of Plaintiff for any trade-in amounts received by Plaintiff.  The court therefore grants Plaintiff’s motion in limine no. 13.

The court orders that defendant Kia Motors America shall not make reference to, or introduce evidence of, any trade-in amounts received by plaintiff Beverly Rosales Argueta a/k/a Beverly Gonzalez for the subject vehicle or any claim by defendant for credit or an offset for any such trade-in amounts. 

            The court orders plaintiff Beverly Rosales Argueta a/k/a Beverly Gonzalez to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 14, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court