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30-2024-01390718·orange·Civil·Lemon Law
CONTINUED

Chavez vs. General Motors, LLC

Motion for Summary Judgment and/or Adjudication

Hearing date
May 14, 2026
Department
C34
Prevailing
N/A
Next hearing
Jul 2, 2026

Motion type

Motion for Summary Judgment

Causes of action

Violation of Civil Code 1793.2breach of the implied warranty of merchantabilityMagnuson-Moss Warranty Act

Parties

PlaintiffErnesto Everardo Chavez
DefendantGeneral Motors LLC

Ruling

In light of the above, Defendant’s unopposed Motions are GRANTED. Plaintiffs are ORDERED to serve verified responses, without objections, within 20 days.

The Court finds no substantial justification for Plaintiffs’ failure to serve responses. Thus, the Court GRANTS Defendant monetary sanctions against Plaintiffs’ counsel, Steven Tamer, in the reduced amount of $1,200 (3 hrs at $400/hr), to be paid within 30 days to Defendant’s counsel.

Plaintiff to give notice.

12. 30-2024-01390718 1. Motion for Summary Judgment and/or Adjudication 2. Motion for Summary Judgment and/or Adjudication Chavez vs. General Motors, LLC Defendant General Motors LLC (“Defendant”) filed a motion for summary judgment as to all five causes of action alleged in the Complaint, which includes the: (1) first cause of action for violation of Civil Code section 1793.2(d), (2) second cause of action for violation of Civil Code section 1793.2(b), (3) third cause of action for violation of Civil Code section 1793.2(a)(3), (4) fourth cause of action for breach of the implied warranty of merchantability pursuant to Civil Code sections 1791.1, 1794, and 1795.5, and (5) fifth cause of action for violation of the Magnuson-Moss Warranty Act.

Plaintiff Ernesto Everardo Chavez (“Plaintiff”) opposed the motion.

The Motion is CONTINUED to July 2, 2026 at 1:30p.m. in C34.

The Court is unable to read the Exhibit A to the motion for summary judgment, which is the Dealer’s Reassignment of Title and Retail Purchase Agreement showing the sale of a used model 2020 Chevrolet Silverado 1500, VIN: 3GCPYBEH0LG401310 (the “Silverado”), by Vroom, located in Texas (as Seller-Creditor) to Ernesto Everrado Chavez (as Buyer) on January 22, 2021.

Defendant is ORDERED to file a more legible copy of this agreement.

No further briefing.

Defendant to give notice.

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