EDUARDO D. CERNA ET AL VS. GENERAL MOTORS LLC ET AL

Matter on the Law & Motion / Discovery calendar for Wednesday, July 23, 2025, Line 4 [Part 2 of 2 of the tentative ruling]. DEFENDANT GENERAL MOTORS LLC'S MOTION FOR SUMMARY JUDGMENT OR, ALTERNATIVELY, FOR SUMMARY ADJUDICATION.

Plaintiffs purchased a used vehicle and are attempting to recover for that purchase under the Song-Beverly Act. (Complaint, pars. 8, 20, 35.) There is no contention that defendant issued a warranty at the time of purchase and therefore, under Rodriguez, plaintiffs' alleged claims are no longer viable. Even though plaintiffs are the original owners of the vehicle and have remained in sole possession, the lease and sale transactions were distinct.

Newly enacted CCP 871.20 et seq. does not change the analysis. Those provisions do not alter the definition of "new motor vehicle" under the Song-Beverly Act. In addition, that statutory scheme became effective in 2025 and does not apply to this action. Nevertheless, plaintiffs did lease a new vehicle and are entitled to the protections of the Song-Beverly Act for that lease period. Based on the above, plaintiffs have leave to plead a Song-Beverly Act claim based on the new vehicle warranty plaintiffs allegedly obtained when they leased the vehicle and they may seek to recover pre-purchase damages.

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