Spingola

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6

DARRELL SPINGOLA,

7 Case No. 18-cv-00528-JCS Plaintiff, 8 v. ORDER GRANTING IN PART AND 9 DENYING IN PART MOTION FOR

BMW OF NORTH AMERICA, LLC, SUMMARY JUDGMENT

10 Defendant. Re: Dkt. No. 90 11

12 13 I. INTRODUCTION 14 In this action, Plaintiff Darell Spingola asserts claims for breach of express and implied 15 warranties under California’s lemon law, the Song Beverly Consumer Warranty Act, Cal. Civ. 16 Code § 1790, et seq. (“the Song Beverly Act”), against BMW of North America, LLC (“BMW”). 17 Presently before the Court is BMW’s Motion for Summary Judgment (“Motion”), in which BMW 18 argues that it is entitled to summary judgment on both of Spingola’s claims. Spingola conceded in 19 his response to the Motion that his claim for breach of implied warranty fails as a matter of law 20 and therefore, the Court GRANTS summary judgment on that claim in favor of BMW. The only 21 remaining question is whether BMW is entitled to…