Nature of Proceedings: Case Management Conference/Demurrer

CASE: Dennis F. Payne, et al. v. Ford Motor Company,

Case No. 15CV01893 (Judge Sterne)

HEARING DATE: December 7, 2015

MATTER: Demurrer to First Amended Complaint

ATTORNEYS:

William R. McGee for plaintiffs Dennis Payne and Margaret Payne

Vikram Subramanian for defendant Ford Motor Company

TENTATIVE RULING: The demurrer of defendant Ford Motor Company to plaintiffs’ first amended complaint is sustained with leave to amend. Any amended pleading shall be filed on or before December 21, 2015.

DISCUSSION:

This is a breach of warranty action involving the purchase of an automobile. According to the allegations, on October 21, 2011, plaintiffs Dennis Payne and Margaret Payne purchased a 2012 Ford Focus manufactured and distributed by defendant Ford Motor Company (“Ford”). Since its purchase, the vehicle has experienced numerous transmission failures and other problems. Plaintiffs delivered the vehicle while it was still u