Jose Javier Arana v. Tesla Motors, Inc.
Opinion
Trial Court Opinion
I. INTRODUCTION AND BACKGROUND
On November 29, 2022, Jose Javier Arana (‘‘Plaintiff”) filed a Complaint against Tesla Motors, Inc. (“Defendant”), alleging violations of California’s Song-Beverley Act (“SBA,” Cal. Civ. Code §§ 1790, et seq.) and the federal Magnuson-Moss Warranty Act (““MMWA”) (15 U.S.C. §§ 2300, ef seq.). Plaintiff alleges that he purchased a used 2020 Tesla Model 3 (the ““Vehicle”) from an unnamed third- party dealership on February 28, 2022, and that the Vehicle had 11,107 miles at the time of purchase. (Compl. § 6.) He also alleges that the vehicle was sold with the remaining balance of Tesla’s new- vehicle express warranties: (1) a 4 year, 50,000-mile full coverage warranty; and (2) an 8 year, 100,000- mile powertrain warranty. (/d. § 7.) Finally, Plaintiff alleges that within months of purchase (7.e., within the warranty periods), the Vehicle developed “persistent grinding and thumping noises,” a problem he presented to a Tesla repair facility multiple times to no avail. (/d. { 8.) Presently before the Court is Defendant’s Motion to Dismiss. (ECF No. 13.) For the following reasons, the Court GRANTS the Motion.