Pumpelly vs Kia Motors America Inc

Case No.: 37-2020-00001689-CU-BC-CTL    

TENTATIVE RULING:

(1) Defendant's Demurrer to Plaintiffs' First Amended Complaint ("FAC") is OVERRULED. Defendant KIA MOTORS AMERICA, INC. ("KMA" or "Defendant") argues that the fifth, sixth, and seventh cause of action are barred by the applicable statute of limitations. The fifth cause of action is for breach of the implied warranty of merchantability. While the four-year statute of limitations would normally apply to claims under the Song–Beverly Consumer Warranty Act ("SBA"), the accrual of the statute of limitations does not begin until the discovery of the latent defects, where there are latent defects. (Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1309-1311.) Plaintiffs allege "the Subject Vehicle contained or developed defects, including but not limited to, latent defects." (FAC, ¶ 11.) Plaintiffs further allege and argue discovery did not occur until after October 3, 2019, after a repair visit on that date. (FAC, ¶ 64.) Plaintiffs filed this ........