Forty-Niner Sierra Resources, Inc. v. Subaru of America, Inc.

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY ADJUDICATION, DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFF’S MOTION FOR LEAVE TO AMEND.

(Docs. 92, 85, 73, 125 & 128)

On September 8, 2003 the court heard Defendant Subaru of America’s motion for summary judgment or summary adjudication and Plaintiff Forty-Niner’s cross motion for summary judgment and motion for leave to amend its First Amended Complaint. Upon due consideration of the written and oral arguments of the parties and the record herein, the court denies Plaintiffs motion for leave to amend. The court further grants Defendant’s motion for summary adjudication of Plaintiffs Song-Beverly claims on the grounds that Defendant designated and authorized Plaintiff as an independent service and repair facility (“ISRF”) in the State of California, and denies Plaintiffs motion for summary judgment in its entirety.

I. Plaintiff’s First Amended Complaint

Plaintiff, Forty-Niner Sierra Resources, Inc., dba Forty-Niner Subaru (“Forty-Niner”), is a California corporation and Subaru franchisee which sells and services Subaru automobiles and provides warranty services for owners of Subaru automobiles. Defendant…