Dominguez

American Suzuki Motor Corporation (Suzuki) appeals from a judgment entered in favor of Julio C. Dominguez (Dominguez) after the parties stipulated to entry of judgment on appeal after the trial court denied Suzuki’s summary judgment/adjudication motion. Suzuki argues the court erroneously denied the motion because it complied with the Song-Beverly Consumer Warranty Act (Song-Beverly) (Civ. Code, § 1790 et seq.) when it offered to repurchase a motorcycle Dominguez had purchased from Pacific Motorsports (Pacific), a Suzuki dealer. We agree and reverse the judgment.

FACTS

On November 16, 2004, Dominguez purchased a new 2004 Suzuki DL 1000 (the Motorcycle) from Pacific. A few days later, he called Suzuki to complain about a problem with the Motorcycle. During the telephone call, he became abusive, and the Suzuki customer service representative ended the call. Over the course of the next six months, Dominguez took the Motorcycle to Suzuki-authorized service and repair facilities on at least five occasions.

On June 13, 2005, Dominguez’s counsel sent letters to Suzuki and Pacific requesting that they “repurchase or replace the [Motorcycle] and pay his attorney fees and…