Judge: Wesley L. Hsu, Case: 23PSCV00005, Date: 2023-04-19 Tentative Ruling
Case Number: 23PSCV00005 Hearing Date: April 19, 2023 Dept: L
Defendant Ford Motor Company’s Demurrer to
Plaintiff’s Complaint is OVERRULED.
Background
Plaintiff Roger Granger (“Plaintiff”)
alleges as follows: On September 12, 2014, Plaintiff entered into a warranty
contract with Defendant Ford Motor Company (“FMC”) regarding a 2014 Ford F-150,
VIN No. 1FTFW1CT6EFA30631 (“subject vehicle”). The subject vehicle has defects
with its electrical system, engine, steering, transmission, infotainment system
and HVAC, which FMC has failed to adequately repair.
On January 3, 2023, Plaintiff filed
a complaint, asserting causes of action against Defendant and Does 1-10 for:
1.
Violation of Subdivision (d) of Civil Code Section
1793.2
2.
Violation of Subdivision (b) of Civil Code Section
1793.2
3.
Violation of Subdivision (a)(3) of Civil Code Section
1793.2
4.
Breach of the Implied Warranty of Merchantability
(Civil Code §§ 1791.1, 1794, 1795.5)
5.
Negligent Repair
A Case Management Conference is
set for May 23, 2023.
Legal Standard
A
demurrer may be made on grounds that the pleading, inter alia, does not state
facts sufficient to constitute a cause of action and/or is uncertain. (Code
Civ. Proc., § 430.10, subds. (e) and (f).) a demurrer may also be made, in an
action founded upon a contract, on the basis that it cannot be ascertained from
the pleading whether the contract is written, is oral, or is implied by
conduct. (Code Civ. Proc., § 430.10, subd. (g).)
When considering demurrers, courts read the allegations liberally and in
context. 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 [citations omitted].) At the pleading stage, a
plaintiff need only allege ultimate facts sufficient to apprise the defendant
of the factual basis for the claim against him. (Semole v. Sansoucie (1972) 28 Cal. App. 3d 714, 721.) “[A] demurrer
does not, however, admit contentions, deductions or conclusions of fact or law
alleged in the pleading, or the construction placed on an instrument pleaded
therein, or facts impossible in law, or allegations contrary to facts of which
a court may take judicial knowledge.” (S.
Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 732
[citations omitted].)
“[F]or a demurrer based on the
statute of limitations to be sustained, the untimeliness of the lawsuit must
clearly and affirmatively appear on the face of the complaint and matters
judicially noticed.” (Coalition for Clean Air v. City of Visalia (2012)
209 Cal.App.4th 408, 420.)
Discussion
FMC demurs to the first through
fourth causes of action in Plaintiff’s complaint.
Statute of
Limitations
FMC first claims that the first through fourth causes of
action are time-barred by the four-year statute of limitations set forth in Commercial
Code § 2725; this section provides, in relevant part, as follows: “(1) An action for breach of any
contract for sale must be commenced within four years after the cause of action
has accrued. . . (2) A cause of action accrues when the breach occurs,
regardless of the aggrieved party's lack of knowledge of the breach. A breach
of warranty occurs when tender of delivery is made, except that where a
warranty explicitly extends to future performance of the goods and discovery of
the breach must await the time of such performance the cause of action accrues
when the breach is or should have been discovered.”
Here,
Plaintiff has alleged that she entered into a warranty contract with FMC
regarding the subject vehicle on or about September 12, 2014 (Complaint, ¶¶
8-9, Exh. A). Plaintiff has attached the warranty to the complaint, which
includes a 3 year/36,000 mile bumper-to-bumper warranty and 5 year/60,000 mile
powertrain warranty.
FMC argues that the
statute of limitations on all of Plaintiff’s claims against FMC ran, at the
latest, by May 25, 2022, or four years after Plaintiff alleges, in Paragraph
20, the subject vehicle already had 71,690 miles on the odometer (such that the
5 year/60,000 mile powertrain warranty must have expired by that time).
FMC, however, has made no
attempt to discuss Paragraphs 33-44 set forth under the heading “TOLLING OF THE
STATUTES OF LIMITATIONS” of Plaintiff’s complaint, including allegations of
class action tolling, discovery rule tolling and the repair doctrine.
The demurrer, then, is
overruled on statute of limitations grounds.
Third Cause of Action (i.e.,
Violation of Subdivision (a)(3) of Civil Code Section 1793.2)
FMC
next claims that Plaintiff has failed to allege facts sufficient to state a
cause of action for violation of Civil Code § 1793.2, subdivision (a)(3); this
section provides, in relevant part, that “[e]very manufacturer of consumer
goods sold in this state and for which the manufacturer has made an
express warranty shall:. . . (3) Make available to authorized service and
repair facilities sufficient service literature and replacement parts to effect
repairs during the express warranty period.”
Here,
Plaintiff has alleged that FMC “failed to make available to its authorized
service and repair facilities sufficient service literature and replacement
parts to effect repairs during the express warranty period.” (Complaint, ¶ 57.)
Plaintiff has alleged that FMC’s authorized repair facilities performed various
repairs on the subject vehicle (Id., ¶¶ 16-23) and that, despite this,
Plaintiff thereafter “continued to experience symptoms of the various defects.
. . despite Defendant’s representations that the various defects were repaired”
(Id., ¶ 24). These allegations, taken together, indicate that the
literature and/or replacement parts were insufficient and that Plaintiff
suffered damages as a result.
The
demurrer is overruled as to the third cause of action.