What is products liability – express warranty?

Useful Rulings on Products Liability – Express Warranty

Recent Rulings on Products Liability – Express Warranty

T-12 THREE, LLC VS. TURNER CONSTRUCTION COMPANY

Specifically, MaryJane is a plaintiff as to the First Cause of Action for Breach of Contract, the Second Cause of Action for Negligence, the Fourth Cause of Action for Breach of Express Warranty, and the Fifth Cause of Action for Breach of Implied Warranties. (Plaintiffs voluntarily dismissed the Third Cause of Action for Indemnity following the filing of Turner’s Motion.)

  • Hearing

SHAFFER V RICE RANCH COMMUNITY LLC

On January 10, 2020, plaintiffs filed a complaint alleging the following causes of action: (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty; (4) recovery on license bond; (5) negligence; and (6) negligent infliction of emotional distress. Defendant Arch Insurance Company (“Arch”) is the bonding company for Shea Homes and the named defendant in the 4th cause of action for recovery on the license bond. It filed its demurrer on August 6, 2020.

  • Hearing

VADIM GOROBETS VS JAGUAR LAND ROVER NORTH AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

On April 4, 2019, Plaintiff filed his complaint against Defendant for three causes of action related to Defendant’s alleged violation of the Song-Beverly Consumer Warranty Act (“Song Beverly”) including breach of express warranty, breach of implied warranty, and violation of Civil Code §1793.2. Plaintiff propounded the at-issue discovery requests on October 17, 2019, and on December 19, 2020, Defendant propounded responses consisting primarily of objections. (Decl. of Morse ¶¶4-5, Exhs. A, B.)

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

DAISY COVARRUBIAS, ET AL. VS GENERAL MOTORS LLC, ET AL.

procedural history Plaintiffs filed the Complaint on May 22, 2019, alleging seven causes of action: Violation of Song Beverly Action section 1793.2(d) Violation of Song Beverly Action section 1793.2(b) Violation of Song Beverly Action section 1793.2(A)(3) Breach of express warranty Breach of implied warranty Violation of the Magnuson-Moss Warranty Act Fraud by omission On November 22, 2019, Plaintiffs filed the FAC, alleging the same causes of action.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

(NO CASE NAME AVAILABLE)

procedural history Plaintiffs filed the Complaint on May 22, 2019, alleging seven causes of action: Violation of Song Beverly Action section 1793.2(d) Violation of Song Beverly Action section 1793.2(b) Violation of Song Beverly Action section 1793.2(A)(3) Breach of express warranty Breach of implied warranty Violation of the Magnuson-Moss Warranty Act Fraud by omission On November 22, 2019, Plaintiffs filed the FAC, alleging the same causes of action.

  • Hearing

NIETO V. GENERAL MOTORS, LLC

First Cause of Action (Breach of Implied Warranty of Merchantability) and Second Cause of Action (Breach of Express Warranty) Defendant objects to these two causes of action pursuant to Civil Code section 430.10, subdivision (e). In McKell v. Washington Mut., Inc. (2006) 142 Cal.

  • Hearing

DAVID CHAVEZ VS FCA US, LLC, A DELAWARE LIMITED LIABILITY COMPANY

On June 3, 2019, Plaintiff David Chavez commenced this lemon law action against Defendant FCA US, LLC for (1) breach of implied warranty of merchantability under the Song-Beverly Warranty Act; and (2) breach of express warranty under the Song-Beverly Warranty Act. On July 12, 2019, Defendant filed a notice of removal to federal court. On January 31, 2020, notice of remand from federal court was filed. On July 14, 2020, the Court approved the stipulation and protective order between the parties.

  • Hearing

DAVID CHAVEZ VS FCA US, LLC, A DELAWARE LIMITED LIABILITY COMPANY

On June 3, 2019, Plaintiff David Chavez commenced this lemon law action against Defendant FCA US, LLC for (1) breach of implied warranty of merchantability under the Song-Beverly Warranty Act; and (2) breach of express warranty under the Song-Beverly Warranty Act. On July 12, 2019, Defendant filed a notice of removal to federal court. On January 31, 2020, notice of remand from federal court was filed. On July 14, 2020, the Court approved the stipulation and protective order between the parties.

  • Hearing

MARIA ROA, ET AL. VS FORD MOTOR COMPANY, A DELAWARE CORPORATION, ET AL.

Issue No.2: Breach of Express Warranty Causes of Action Initially, the Court finds that Plaintiffs’ citation to Silvio v. Ford Motor Co. (2003) 109 Cal.App.4th 1205 is inapplicable. The statute of limitations for breach of express warranty is four years. (Ferris v. Ford Motor Company, supra, 2019 WL 1100376 at *4.) Song-Beverly claims accrue when the plaintiff discovers or reasonably should have discovered the breach of warranty, and such claims may accrue before an express warranty expires. (Galvez v.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

MANUEL C. CORTES, IV VS BMW NORTH AMERICA, LLC, ET AL.

., and Does 1 – 50 for (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (a)(3) of Civil Code section 1793.2; (4) breach of express warranty in violation of subdivision (a) of Civil Code section 1791.2 and section 1794; and (5) breach of implied warranty of merchantability in violation of Civil Code section 1791.1 and section 1794.

  • Hearing

JENNY RIVERA VS NISSAN NORTH AMERICA, INC., A CALIFORNIA CORPORATION

Plaintiff’s operative Complaint alleges the following causes of action against all defendants: (1) breach of implied warranty of merchantability under Song-Beverly Warranty Act, (2) breach of express warranty under Song-Beverly Warranty Act, (3) fraudulent inducement – concealment. Defendant now demurs to the third cause of action on the grounds that it fails to plead facts sufficient to state a cause of action. Defendant additionally moves to strike portions of the Complaint.

  • Hearing

ADRIANA G. GONZALEZ VS FCA US LLC

BACKGROUND This is an action arising from an alleged defective 2018 Dodge Charger (the “Subject Vehicle”), alleging causes of action against Defendants for: (1) violation of Song-Beverly Consumer Warranty Act—Breach of Express Warranty; (2) violation of Song-Beverly Act—Breach of Implied Warranty; and (3) violation of the Song-Beverly Act Section 1793.2(b). The parties participated in an Informal Discovery Conference (“IDC”) on June 25, 2020.

  • Hearing

MARQUEZ VS NISSAN NORTH AMERIC

In her complaint, plaintiff alleges three causes of action: (1) Breach of Implied Warranty of Merchantability under Song-Beverly Warranty Act; (2) Breach of Express Warranty under Song- Beverly Warranty Act; and (3) Fraudulent Inducement – Concealment. She seeks damages, civil penalties, attorneys’ fees, and other remedies.

  • Hearing

OLMEDO V. GENERAL MOTORS LLC

Merits The Complaint alleges four causes of action: (1) breach of express warranty in violation of the Song-Beverly Act; (2) breach of implied warranty in violation of the Song-Beverly Act; and (3) violation of Civil Code section 1793.2; and (4) violation of Civil Code section 1793.22. As an initial matter, the question of whether Plaintiffs are entitled to penalties under Civil Code section 1794, subdivision (c), is not an entire cause of action or issue of damages.

  • Hearing

SARAH SLAYTON VS JOHNSON & JOHNSON, ET AL.

Plaintiff alleges strict liability based on a failure to warn and a design defect, negligence, breach of express warranty, breach of implied warranty, negligent misrepresentation, deceit by concealment, and fraud arising from the use of products that caused ovarian cancer. On July 8, 2020, Plaintiff’s counsel, Jennifer Lenze, Esq. and Amanda McGee, Esq., filed a motion to be relieved as counsel pursuant to California Rules of Court rule 3.1362.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

LETICIA MUNOZ OLMOS, ET AL. VS JRDTSP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY DBA SCOTT ROBINSON CHRYSLER DODGE JEEP RAM, ET AL.

.: 20STCV11358 Hearing Date: November 12, 2020 [TENTATIVE] order RE: defendant FCA us llc’s DEMURRER to the complaint Procedural Background On March 19, 2020, Plaintiffs Leticia Munoz Olmos and Luis Munoz Olmos (collectively “Plaintiffs”) filed this lemon law action against FCA US LLC (“Defendant”), and JRDTSP LLC dba Scott Robinson Chrysler Dodge Jeep Ram (“Robinson”) alleging (1) breach of express warranty- violation of the Song-Beverly Act; (2) breach of implied warranty- violation of the Song Beverly

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

MARIA DEL CARMEN VALDOVINOS ROSALES, ET AL. VS KIA MOTORS AMERICA, INC. A CALIFORNIA CORPORATION

(“Defendant”) alleging causes of action for (1) violation of the Song-Beverly Act – breach of express warranty; (2) violation of the Song-Beverly Act – breach of implied warranty; (3) violation of the Song-Beverly Act section 1793.2; (4) fraudulent inducement – concealment; and (5) fraudulent inducement – intentional misrepresentation. On August 11, 2020, Defendant filed this demurrer to the fourth and fifth cause of action and a motion to strike the prayer for relief of punitive damages.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

LAURA FRANCO-MARIA VS GENERAL MOTORS, LLC

These facts are sufficient to constitute cause of action for (1) breach of implied warranty of merchantability under the Song-Beverly Warranty Act, (2) breach of express warranty under the Song-Beverly Act and (3) fraudulent inducement. The demurrer on this ground is OVERRULED. Economic Loss Rule Defendant further demurrers to the 3rd cause of action based on the economic loss rule. The fraud claim is independent of any breach of contract claim. As such, fraud is an exception to the economic loss rule.

  • Hearing

SONIA LAJAS VS HYUNDAI MOTOR AMERICA

The TAC asserts causes of action for: Civil Penalties pursuant to Civil Code section 1794(e) (against Hyundai Motor); Civil Penalties pursuant to Civil Code section 1794(c) (against Hyundai Motor); Breach of Express Warranty (against Hyundai Motor); and Breach of Implied Warranty of Merchantability.

  • Hearing

SONIA LAJAS VS HYUNDAI MOTOR AMERICA

The TAC asserts causes of action for: Civil Penalties pursuant to Civil Code section 1794(e) (against Hyundai Motor); Civil Penalties pursuant to Civil Code section 1794(c) (against Hyundai Motor); Breach of Express Warranty (against Hyundai Motor); and Breach of Implied Warranty of Merchantability.

  • Hearing

1536 BLUE JAY WAY, LLC, ET AL. VS CRAIG R. WILLIAMS CONSTRUCTION, INC., ET AL.

The CRW Cross-Complaint alleges nine causes of action for: (1) negligence; (2) breach of contract – express indemnification; (3) breach of contract – duty to defend; (4) declaratory relief – indemnification; (5) declaratory relief – duty to defend; (6) breach of express warranty; (7) breach of implied warranty; (8) equitable and implied indemnity; and (9) contribution/apportionment of fault.

  • Hearing

NIA LOWE CASSELMAN VS KIA MOTORS AMERICA, INC

Fourth Cause of Action for Breach of Express Warranty Defendant demurs to the warranty for Plaintiff’s purported failure to allege a warranty or attach a written copy of the warranty. Defendant also suggests that this cause is duplicative. Contrary to Defendant’s arguments, a plaintiff is not required to attach or plead the precise terms of the contract. “In an action based on a written contract, the plaintiff may plead the legal effect of the contract rather than its precise language.” (Ochs v.

  • Hearing

GARCIA VS. GENERAL MOTORS

Demurrer to Second Cause of Action – Breach of Express Warranty under Song-Beverly Act Plaintiff's second cause of action is for breach of express warranty under the Song Beverly Act.

  • Hearing

ARMEN G KOJIKIAN ET AL VS AMERICAN HONDA MOTOR CO INC

On May 18, 2016, Plaintiffs filed a First Amended Class Action Complaint for Damages and Equitable Relief (“FAC”) asserting claims for (1) breach of express warranty, (2) breach of implied warranty, (3) breach of warranty (Song-Beverly), (4) breach of warranty (Mag-Moss), and (5) violation of UCL.

  • Hearing

PATRICIA LADD VS KIA MOTORS AMERICA, INC

The Court finds that Plaintiff has alleged facts sufficient to state a cause of action for breach of express warranty. Here, the FAC alleges: “In connection with the lease and/or purchase, Plaintiff received an express written warranty, including, a 5-year/60,000 mile express bumper to bumper warranty, which, inter alia, covers the engine and transmission.

  • Hearing

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