CASTRUITA VS BMW OF NORTH AMERICA, LLC

1. CASE # CASE NAME HEARING NAME CASTRUITA VS BMW OF MOTION FOR JUDGMENT ON THE

NORTH AMERICA, LLC PLEADINGS Tentative Ruling: Grant as to the 4th cause of action without leave to amend. Deny as to the 1st, 2nd, and 3rd causes of action. Defendant to Answer within 20 days.

For the purposes of this motion, the court must accept the complaint’s allegation as true. Whether the vehicle was new or used or failed to conform vehicle to warranty within 30 days is a question of fact not to be resolved at the pleading stage. (Complaint ¶¶ 12 and 62.)

Plaintiff’s claim that BMW of Murrieta performed this duty negligently is a claim for contract breach, not a separate tort. Plaintiff’s alleged damages are purely economic. Automotive repair is not a contract for professional services under Sheen’s exceptions. The economic loss rule applies. Plaintiff’s argument that Civil Code § 1796.5 creates an independent tort duty is unpersuasive because the repair duty originates in the warranty in this case, rather than the statute.

2. CASE # CASE NAME HEARING NAME WEDDLE VS RAINBOW CVME2512780 MOTION TO COMPEL ARBITRATION BRIDGE MANAGEMENT LLC Tentative Ruling: Deny the motion. Overrule Plaintiff’s objections to the Torres Decl. and to ¶¶ 6, 10, and 12 (p. 3:20-26) of the Heo Decl. Sustain her objections to ¶¶ 9, 12 (p. 3:26-27), 13, and 14 of the Heo Decl. Overrule Defendants’ objections to the Weddle Decl. and to ¶¶ 2 and 3 and Ex. 2 of the Dalton Decl. Sustain Defendants’ objections to Dalton Decl. ¶ 6 and Ex.

5.

The procedural unconscionability resulting from the adhesion contract and lack of rules provided, and the high levels of substantive unconscionability from the lack of mutuality, pre-dispute jury waiver, and unlawful PAGA waiver, the Court finds the arbitration agreement is unenforceable due to unconscionability. The unconscionable provisions permeate the entire agreement, and therefore cannot be severed. (See, Ramirez v. Charter Communications, Inc. (2024) 16 Cal.5th 478, 516-517.)

3. CASE # CASE NAME HEARING NAME CVME2515063 RUBIN VS WILSON DEMURRER Tentative Ruling: Overrule. Send to an early ZOOM MSC to assist with settlement on July 7, 2026, at 3:00 p.m.—the court will provide further instruction to login to the MSC.