Judge: Robert B. Broadbelt, Case: 23STCV04822, Date: 2025-01-23 Tentative Ruling

Case Number: 23STCV04822    Hearing Date: January 23, 2025    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTIES:              Plaintiffs Robert C. Stance and Koby B. Bennet                  

RESPONDING PARTY:       Defendant General Motors LLC

Motion for Leave to File First Amended Complaint

The court considered the moving, opposition, and reply papers filed in connection with this motion.

DISCUSSION

Plaintiffs Robert C. Stance and Koby B. Bennet (“Plaintiffs”) move the court for an order granting them leave to file a First Amended Complaint to add statutory claims against defendant General Motors LLC (“Defendant”) under the Magnuson-Moss Warranty Act.  Plaintiffs move for this relief on the ground that Plaintiffs are precluded from seeking relief under the Song-Beverly Consumer Warranty Act following the California Supreme Court’s decision in Rodriguez v. FCA US, LLC (2024) 17 Cal.5th 189.  (Maissian Decl., ¶¶ 4-5; Maissian Decl., Ex. C, Proposed First Amended Complaint.)

The court finds that (1) it is in furtherance of justice to allow Plaintiffs to amend their complaint to add a cause of action under the Magnuson-Moss Warranty Act, and (2) Defendant has not shown that it will be unduly prejudiced by this amendment.  (Code Civ. Proc., §¿473, subd. (a); Mac v. Minassian (2022) 76 Cal.App.5th 510, 519 [“‘ “California courts ‘have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others’ ” ’”].)  The court notes, as Defendant has pointed out, that trial is set in this action for March 26, 2025.  However, Defendant may file an ex parte application or motion to continue trial so that Defendant may, if it so desires, have additional time to challenge the pleadings, file dispositive motions, and conduct any discovery that is necessary.

            The court therefore grants Plaintiffs’ motion.

ORDER

            The court grants plaintiffs Robert C. Stance and Koby B. Bennet’s motion for leave to file First Amended Complaint.

            The court orders plaintiffs Robert C. Stance and Koby B. Bennet to file the First Amended Complaint in the form attached as Exhibit C to the declaration of Peter Maissian within 5 days of the date of this order.

            The court orders plaintiffs Robert C. Stance and Koby B. Bennet to give notice of this ruling.

IT IS SO ORDERED.

DATED:  January 23, 2025

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court