bertha lezama et al.; Plaintiff, vs. Ford Motor company, et al.; Defendants.

Case No.: 18STCV04979

Hearing Date: January 9, 2020

[TENTATIVE] RULING RE:

DEFENDANT FORD MOTOR COMPANY AND sunrise ford’s motion for judgment on the pleadings.

Defendant Ford Motor Company and Galpin Ford’s Motion for Judgement on the Pleadings is GRANTED with leave to amend as to the Fourth Cause of Action, and DENIED as to the remainder.

Factual Background

This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Bertha Lezama and Raul Lezama (“Plaintiffs”) on January 23, 2007 purchased a used 2003 Ford F-350 with express warranties from Sunrise Ford (“Sunrise”). (Compl. ¶ 9.) The vehicle was delivered with serious defects and nonconformities and developed further including engine defects. (Compl. ¶ 10.)

procedural history

Plaintiffs filed the Complaint on November 14, 2018, alleging four causes of action:

Violation of Song-Beverly Act, Breach of Express Warranty

Violation of Song-Be