Judge: Thomas Falls, Case: 22PSCV01006, Date: 2023-03-29 Tentative Ruling

Case Number: 22PSCV01006    Hearing Date: March 29, 2023    Dept: O

HEARING DATE:                             Wednesday, March 29, 2023

RE:                                                      ANDRES SORIA, et al. vs FORD MOTOR COMPANY (22PSCV01006)

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DEFENDANT FORD MOTOR COMPANY’S DEMURRER TO PLAINTIFFS’ COMPLAINT

      Responding Party: Plaintiffs

Tentative Ruling

DEFENDANT FORD MOTOR COMPANY’S DEMURRER TO PLAINTIFFS’ COMPLAINT is OVERRULED as it is untimely.

Background

This is a lemon law case. Plaintiffs PEDRO SORIA and ANDRES SORIA (collectively, “Plaintiffs”) allege the following against Defendant Ford Motor Company (“Defendant”): Plaintiffs purchased a used 2014 Ford Fusion (“Vehicle”) that was not represented as a “lemon” vehicle “when in fact Ford had engaged in multiple service inquires to repair the vehicle.” However, that same day as purchase, the Vehicle experienced engine issues and Defendant failed to cure the defect(s).

On September 7, 2022, Plaintiffs filed suit for:

1.      Failure to Replace or Make Restitution

2.      Breach of Express Warranties

3.      Failure to Begin Repairs Within Reasonable Time and Complete Repairs Within 30 Days

4.      Breach of Implied Warranty

5.      Violation of the Consumer Legal Remedies Action

6.      Negligent Misrepresentation

7.      Fraudulent Misrepresentation

8.      Concealment

On February 14, 2023, Defendant filed the instant demurrer.

On February 27, 2023, Plaintiffs filed their opposition.

On March 22, 2023, Defendant filed its reply.

Discussion

Plaintiffs explain that after a few (albeit) improper attempts at service, that on December 13, 2022, Plaintiffs reserved Ford’s CT Corporation at 330 North Brand Blvd, Glendale, CA 91203. (Opp. p. 3, citing Sargsyan Decl., ¶15). Thirty days—the time to file a responsive pleading—from service is January 18, 2023. Therefore, the demurrer was to be served and filed by January 18, 2023.

Here, however, Ford filed their demurrer on February 10, 2023, which is untimely by about three weeks. To the extent that Defendant argues in its Reply that the demurrer is timely, it does not address the December 13, 2022 service date but rather the September 12, 2022 service, which appears to have been through email.

Conclusion

Based on the foregoing—notably that Defendant’s demurrer is not timely—the court OVERRULES the entirety of the demurrer.