Gaynor

Gaynor v. Western Recreational Vehicles Inc.

Good Law

473 F. Supp. 2d 1060·2007 WL 479192·62 U.C.C. Rep. Serv. 2d (West) 153·2007 U.S. Dist. LEXIS 32813

United States District Court, Central District of CaliforniaFebruary 14, 2007SACV0600160 JVS RNBXCalifornia1,947 words

Opinion

Selna, J.

Proceedings: (In Chambers) Order re Motion for Reconsideration

Plaintiff Riley Gaynor (“Gaynor”) previously moved for summary judgment against defendants Western Recreational Vehicles, Inc. (‘Western RV”) and Saddle-back Recreational Vehicles, Inc. (“Saddle-back RV”) (collectively “RV Defendants”) on the issue of whether the Motorhome was sold in California for purposes of the Song-Beverly Act. The Court denied the RV Defendants’ motion for summary judgment on this issue on the grounds that triable issues of fact remained. (Minute Order, Jan. 16, 2007, p. 5.) Gaynor has raised the same issue by way of a motion in limine. (Gaynor’s Motion in Limine No. 8.) At oral argument on the.motion in limine, the parties stipulated for the first time that they do not dispute the credibility of the evidence submitted on the summary judgment motion, and asked the Court to determine, as a matter of law, whether the Song Beverly Act applies. The Court finds this sufficient to justify reconsideration under Rule 60(b) of the Federal Rules of Civil Procedure and Local Rule 7-18.

I. LEGAL STANDARD

Summary judgment is appropriate only where the record, read in the light most favorable to the…

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