Judge: Salvatore Sirna, Case: 24PSCV01754, Date: 2024-10-30 Tentative Ruling

Case Number: 24PSCV01754    Hearing Date: October 30, 2024    Dept: G

Defendant Harley-Davidson Motor Company, Inc.’s Demurrer to Plaintiff’s Complaint

Respondent: NO OPPOSITION

TENTATIVE RULING

Defendant Harley-Davidson Motor Company, Inc.’s Demurrer to Plaintiff’s Complaint is SUSTAINED with twenty (20) days leave to amend.

BACKGROUND

This is a lemon law action. In August 2022, Plaintiff Eddie Martinez allegedly entered into a warranty contract with Defendant Harley-Davidson Motor Company, Inc. (Harley-Davidson) by purchasing a 2016 Harley Davidson FXDLS. Subsequently, Martinez alleges the vehicle presented with serious defects relating to the vehicle’s battery control, wiring issues, pulley system malfunctions, and brackets falling off vehicle.

On May 31, 2024, Martinez filed a complaint against Harley-Davidson; Laidlaw’s Harley-Davidson Sales, Inc. (Laidlaw’s Harley-Davidson); and Does 1-100, alleging the following causes of action: (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty; and (5) breach of the implied warranty of merchantability.

On September 20, 2024, Harley-Davidson filed the present demurrer. Prior to filing, Harley-Davidson’s counsel met and conferred telephonically with Martinez’s counsel and was unable to reach a resolution. (Vault Decl., ¶ 3.)

A hearing on the demurrer is set for October 30, 2024, along with a case management conference.

ANALYSIS

Harley-Davidson demurs to Martinez’s entire Complaint. For the following reasons, the court SUSTAINS Harley-Davidson’s demurrer with leave to amend.

Legal Standard

A party may demur to a complaint on the grounds that it “does not state facts sufficient to constitute a cause of action.” (Code Civ. Proc., § 430.10, subd. (e).) A demurrer tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) When considering demurrers, courts accept all well pleaded facts as true. (Fox v. JAMDAT Mobile, Inc. (2010) 185 Cal.App.4th 1068, 1078.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “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, supra, at p. 747.)

Discussion

Harley-Davidson argues the present action fails because the subject vehicle is a used vehicle not covered by the Song-Beverly Consumer Warranty Act (Song-Beverly Act). (Demurrer, p. 3:4-5:8.) The repair-or-replace provision of the Song-Beverly Act that Martinez’s first cause of action is based on applies only to a “new motor vehicle” as defined in Civil Code section 1793.22, subdivision (e)(2). (Civ. Code, § 1793.2, subd. (d)(2).) Furthermore, pursuant to Civil Code section 1791, subdivision (a), “consumer goods” are defined as “any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables.”

Here, although Martinez alleges the subject vehicle “was purchased or used primarily for personal, family, or household purposes,” Martinez fails to allege facts demonstrating the subject vehicle was a new vehicle covered by the Song-Beverly Act. (Complaint, ¶ 7.) Martinez has also failed to file a timely opposition disputing this point.

Accordingly, the court SUSTAINS Harley-Davidson’s demurrer with leave to amend.

CONCLUSION

Based on the foregoing, Harley-Davidson’s demurrer to Martinez’s Complaint is SUSTAINED with twenty (20) days leave to amend.