Gusse

Proceedings: (In Chambers) Order Denying Defendant’s Motion for Summary Judgment.

I. BACKGROUND

Plaintiff Richard Gusse (“Gusse”) brings this action against defendant Damon Corp. (“Damon”). Damon is an Indiana corporation that manufactures recreational vehicles (“RVs”). On April 12, 2004, Gusse signed a purchase agreement at La Mesa RV in San Bernardino, California to buy an RV manufactured by Damon (the “Mo-torhome”). Damon contends that, as part of the sale, La Mesa RV delivered the Motorhome to Gusse in Arizona on April 15, 2004, so that Gusse could avoid paying California sales or use tax. Gusse began to experience certain problems with the Motorhome, and subsequently had the Mo-torhome repaired several times under Damon’s warranty. Gusse alleges that the Motorhome continued to suffer from defects after receiving service.

Gusse filed this action alleging five causes of action for violation of California’s Song-Beverly Consumer Warranty Act (“Song-Beverly Act”) and the federal Magnuson-Moss Warranty Federal Trade Commission Improvement Act (“Magnuson Moss Act”). In the instant motion, Damon moves for summary judgment.

II. LEGAL STANDARD

Summary judgment is appropriate only…