Miller v. Honda of Santa Monica (SC088752)

Hon. James Bascue, Los Angeles County Superior Court – West District

MOTOR VEHICLE:

Breach of Contract

ATTORNEYS:

Plaintiff, James Miller, Successor in Interest to Brandon H. Miller

Lee Harwell, Jr., Esq. (Law Offices of Lee Harwell, Jr., Torrance, CA)

Defendant, Honda of Santa Monica

Elizabeth L. Kolar, Esq. (Kolar & Associates, Santa Ana)

FACTS:

Brandon H. Miller purchased a vehicle from Honda of Santa Monica on April 24, 2004.  Approximately ten months after purchasing the vehicle, Brandon Miller died.  Plaintiff, James Miller is Brandon Miller’s father and successor in interest.

Plaintiff claimed that Brandon Miller agreed to purchase credit, life and credit disability insurance in connection with the vehicle purchase. However, the contract which was attached by Plaintiff to the Complaint, clearly contradicted the allegation.

DEMURRER:

Defendant Honda of Santa Monica filed a Demurrer to the Complaint because the Retail Installment Sales Contract, which was attached to and incorporated into the Complaint by reference, contradicted the allegations contained in the Complaint. The Court sustained the Demurrer without leave to amend and a judgment was entered in favor of Defendant Honda of Santa Monica.