Pistone v. Superior Court

Opinion

SMITH, J.

We issued an order to show cause to review a summary adjudication granted in favor of real party in interest New Car Dealer Associates (NCDA), a defendant in this action brought by petitioner Glynis Pistone (Pistone) against NCDA and Diablo Leasing Company, doing business as Walnut Creek Nissan (Nissan), over defendants’ denial of claims Pistone made under a vehicle service contract (VSC) she entered into when purchasing a used car from Nissan. We conclude that triable issues of fact preclude summary adjudication and consequently issue a peremptory writ of mandate.

Background

Pis…