MOTION FOR SUMMARY JUDGMENT Or, Alternatively, For Summary Adjudication
Matter on the Law & Motion/Discovery Calendar for Wednesday July 2, 2025, line 7, DEFENDANT GENERAL MOTORS LLC'S MOTION FOR SUMMARY JUDGMENT Or, Alternatively, For Summary Adjudication.
The unopposed motion for summary judgment is granted. Plaintiffs bring three causes of action against a car manufacturer for violations of the Song-Beverly Act. Defendant provides evidence that Plaintiffs purchased their vehicle used from the dealer. (Ex. A to Documentary Evidence [Retail Installment Sale Contract].) Song-Beverly's express warranty provisions (invoked in causes of action 1 and 3) do not apply to used vehicle sales. (See Rodriguez v. FCA US LLC (2024) 17 Cal.5th 189, 215.)
Plaintiffs' second cause of action seeks relief for implied warranty provisions of Song-Beverly. Similarly, a manufacturer is not liable for implied warranty breaches under Song-Beverly where the vehicle is purchased used. (See Nunez v. FCA US LLC (2021) 61 Cal.App.5th 385, 399 ["only distributors or sellers of used goods-not manufacturers of new goods-have implied warranty obligations in the sale of used goods"] [emphasis omitted].)
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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