Motion for Judgment on the Pleadings
However, at this stage the court will allow leave to amend consistent with the liberal policy in favor of amendment.
Plaintiff is ORDERED to file and serve the amended complaint within 5 days.
Clerk to give notice.
3 Oh vs. Chen Motion to Dissolve and Vacate Right to Attach Order 30-2025- and Writ of Attachment 01521231-CU- CL-CJC Defendant, Binbing Chen’s motion to dissolve and vacate right to attach order and writ of attachment is OFF CALENDAR.
Defendant is currently defaulted and cannot take affirmative steps in the litigation until default has been set aside. (See Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385.)
Clerk to give notice.
4 Lopez vs. Kia Motion for Judgment on the Pleadings America, Inc. 30-2025- Defendant Kia America, Inc.’s (Kia) Motion for Judgment on 01456189-CU- the Pleadings is GRANTED with 10 days leave to amend. BC-CJC Second cause of action for implied warranty
Kia moves for judgment on the pleadings as to Plaintiff’s second cause of action for breach of the implied warranty of merchantability on the ground it is time-barred. “The statute of limitations for breaches of the implied warranty of merchantability is four years.” (Montoya v. Ford Motor Co. (2020) 46 Cal.App.5th 493, 495 [citation omitted].)
The Song-Beverly Act provides the duration of the implied warranty of merchantability may extend to a period of not more than one year after purchase when accompanied by an express warranty of future performance spanning one year or longer. (Civ. Code, § 1791.1, subd. (c).)
A claim for breach of implied warranty is not barred by the consumer’s failure to report the defect within one year, as “[t]he implied warranty of merchantability may be breached by a latent defect undiscoverable at the time of sale.” (Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1305.) “There is nothing that suggests a requirement that the purchaser discover and report to the
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
seller a latent defect within that time period.” (Id. at p. 1310.)
Plaintiff alleges he purchased the vehicle on 5/18/19 and defects were present at the time of the sale. (Compl. ¶¶ 8, 10, 43.) Plaintiff further alleges he first presented the vehicle for repairs in March 2022. (Compl. ¶ 11.)
To the extent Plaintiff alleges a latent defect existed within the one-year period, Plaintiff’s claim is not barred based on a failure to report the defect within one year. At the latest, however, Plaintiff would have been required to file this action four years after the one-year implied warranty period expired on 5/18/20, or 5/18/24.
As Plaintiff filed this action more than four years later on 1/24/25, his claim is time-barred.
If Plaintiff chooses to amend, Plaintiff is ORDERED to file a red-lined and clean copy of the amended complaint.
Kia to give notice.
5 Matthew P. Motion for Leave to Intervene Wade, in his Non-party AZGuard Insurance Company’s unopposed capacity as Motion for Leave to Intervene is DENIED. TRUSTEE of the ML Wade AZGuard failed to timely serve notice of its motion. (Code Family Trust Civ. Proc., § 1005, subd. (b).) under the provisions of a Clerk to give notice. trust agreement dated September 12, 2013 vs. Scott English Plumbing Inc. 30-2024- 01448700-CU- BC-CJC 6 Delta Group, Order to Show Cause re: Preliminary Injunction Inc. vs. Jobran Off calendar at moving party’s request. 30-2026- 01550459-CU- NP-CJC 7 To vs. Tu Demurrer and Motion to Strike to Amended Cross- Complaint