Sheridan v. Fladeboe Volkswagen
Defendant and cross-defendant Fladeboe Volkswagen, Inc. appeals from a summary judgment in favor of defendant and cross-complainant Volkswagen of America, Inc. (VW) against plaintiff Nathan J. Sheridan in an action for breach of express and implied warranty and violation of the Song-Beverly Consumer Warranty Act (Civ. Code, 1790 et seq.; Song-Beverly Act). Fladeboe contends that the court erred in finding VW met its initial burden to negate the causation element under the express warranty claim, arguing in part that its objections to VWs declarations should have been sustained, and that it raised a triable issue of fact as to causation. We agree Fladeboe raised a triable issue of material fact as to causation and the courts order granting summary judgment erroneously included a finding to the contrary. But, as both parties agree, the motion was properly granted on other grounds. Therefore, Court affirm the judgment but order the trial court to modify the order by striking the provision as to causation. Court filed a motion to dismiss the appeal on the grounds the appeal is premature because the notice was filed before the judgment was entered and Fladeboe has no standing to appeal. Court disagree and deny the motion.
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