Vincent Inaudi vs General Motors, LLC

24CV-02512 Vincent Inaudi vs General Motors, LLC

Motion for Summary Judgment

Defendant’s motion for summary judgment is DENIED, as there is a triable issue of material fact.

Pursuant to Code of Civil Procedure section 437c, subdivision (q) the court will not rule on Plaintiff’s objections as they were not relevant to the disposition of this motion.

To grant summary judgment, the court must determine from the evidence presented that “there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Code of Civil Procedure section 437c subd. (c).)

“The court focuses on issue finding; it does not resolve issues of fact. The court seeks to find contradictions in the evidence, or inferences reasonably deducible from the evidence, which raise a triable issue of material fact.” (J.H. v. Los Angeles Unified School Dist. (2010) 183 Cal.App.4th 123, 139.)

All doubts regarding the existence of material issues of fact are resolved in favor of the party opposing summary judgment. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1556, modified (June 15, 1992).)

Here, there is a triable issue of material fact as to whether GM calculated its repurchase offer in accordance with Civil Code section 1793.2, subdivision (d)(2); see evidence cited in Plaintiff’s response to Defendant’s Separate Statement at UMF 4 and Plaintiff’s AMF 5 regarding this fact.

As there is a dispute as to the calculation of the repurchase offer there is a triable issue of material fact. Accordingly, the motion for summary judgment must be denied.