Galicia

Galicia v. Country Coach, Inc.

Good Law
324 F. App'x 687
United States Court of Appeals for the Ninth CircuitApril 29, 2009No. 07-56359California840 words

Opinion

Lead Opinion

MEMORANDUM *

Rodolfo and Rita Galicia appeal the district court’s rulings granting Country Coach, Inc. (“Country Coach”), McMahon’s RV (“McMahon’s”) and Caterpillar, Inc. (“Caterpillar”) summary judgment. 1 Because the panel received a Notice of Bankruptcy stay on March 30, 2009, this appeal is stayed with regard to Country Coach. Accordingly, we resolve only the issues related to McMahon’s and Caterpillar.

(a)

The district court did not err in granting McMahon’s summary judgment. The Galieias’ Song-Beverly Consumer Warranty Act (“Song-Beverly”) claim against McMahon’s could proceed only if McMahon’s sold the Galieias a motorhome in California. Cal. Civ.Code § 1793.2(a)(1)(A). A “sale” occurs under California law at the time title to the goods passes from the seller to the buyer. Cal. Civ.Code § 1791(n). California Commercial Code Section 2401(2) provides the de *689 fault rules for passage of title — “[u]nless otherwise explicitly agreed!,] title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods ... even though a document of title is to be delivered at a different time or place.” See…

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