Defendant General Motors LLC's Motion for Summary Judgment or, alternatively, for Summary Adjudication
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC24613675 - June 10, 2025 Hearing date: June 10, 2025 Case number: CGC24613675 Case title: LUIS ENRIQUE SANDOVAL FIGUEROA VS. GENERAL MOTORS LLC, A DELAWARE LIMITED LIABILITY ET AL Case Number: | | CGC24613675 | Case Title: | | LUIS ENRIQUE SANDOVAL FIGUEROA VS. GENERAL MOTORS LLC, A DELAWARE LIMITED LIABILITY ET AL | Court Date: | | 2025-06-10 09:00 AM | Calendar Matter: | | DEFENDANT GENERAL MOTORS LLC'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, FOR SUMMARY ADJUDICATION (TENTATIVE RULING PART 2 OF 2) | Rulings: | | Matter on the Law & Motion/Discovery Calendar for Tuesday, June 10, 2025, line 6 DEFENDANT GENERAL MOTORS LLC'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, FOR SUMMARY ADJUDICATION (TENTATIVE RULING PART 2 OF 2)
Plaintiff cannot establish cause of action two (implied warranty). The undisputed evidence shows that the vehicle was used and as explained, defendant was not a seller or distributor of the vehicle. (UMF 2; Nunez v. FCA US LLC (2021) 61 Cal.App.5th 385, 398 [only distributors or sellers of used goods-not manufacturers of new goods-have implied warranty obligations in the sale of used goods under the Song-Beverly Act.].)
The court denies plaintiff's request for a continuance per CCP 437c(h). This case has been pending since 2024, the trial is set for next month, and plaintiff has not shown diligence. (Cooksey v. Alexakis (2004) 123 Cal.App.4th 246, 257 [lack of diligence basis to deny CCP 437c(h) continuance request].)
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