22CV01834
DOWD v. GENERAL MOTORS
DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS
Defendant’s motion for judgment on the pleadings is denied.
I. Background and Motion
Plaintiff Dowd has brought this action for breach of warranty pursuant to Civil Code
section 1790 et. seq. (Song-Beverly) and for (2) conversion.
On June 17, 2021 Plaintiff purchased a Chevy Bolt from a GM franchise dealership in
San Luis Obispo. (Complaint at par. 14) Plaintiff contends the vehicle was defective in materials
and workmanship, particularly relating to the vehicle’s battery. Plaintiff contacted GM and asked
them to repurchase the vehicle and provide him with a replacement vehicle. GM agreed to
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repurchase the vehicle but never provided a replacement vehicle, as promised. (Complaint at
pars. 17-21.) In support of his claim for conversion, Plaintiff alleges he is the owner of and has
an immediate right of possess