What is products liability – implied warranty?

Useful Rulings on Products Liability – Implied Warranty

Recent Rulings on Products Liability – Implied Warranty

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

NEIL YESCHIN VS HYUNDAI MOTOR AMERICA

Fifth Cause of Action: Breach of Implied Warranty of Merchantability Pursuant to Civ.

  • Hearing

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.

On August 19, 2020, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging the following causes of action: (1) violation of the Song-Beverly Act—breach of express warranty; (2) violation of the Song-Beverly Act—breach of implied warranty; and (3) violation of the Song-Beverly Act Section 1793.2. Defendants filed a demurrer to each cause of action in the FAC. Defendants cite to unpublished federal district court opinions in their moving and reply papers.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

ADAN JESUS RUIZ, ET AL. VS WILMINGTON ARMS HOUSING, LP

Plaintiffs filed the Complaint on November 15, 2018, alleging six causes of action for (1) breach of implied warranty of habitability, (2) breach of statutory warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code § 1942.4, and (6) private nuisance. Defendant now moves for judgment on the pleadings. Plaintiffs oppose the motion. Discussion I.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

LINDA P. DONOFRIO VS 4045 VINLAND AVENUE PARTNERS,, ET AL.

Third Cause of Action (Breach of Implied Warranty of Habitability, Civil Code § 1942.4) – In order to allege a breach of the implied warranty of habitability, a plaintiff must allege “the existence of a material defective condition affecting the premises' habitability, notice to the landlord of the condition within a reasonable time after the tenant's discovery of the condition, the landlord was given a reasonable time to correct the deficiency, and resulting damages.” (Erlach v.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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

LAJOY BARBER VS VICTOR LOPEZ

On August 13, 2020, Defendant filed a Cross-Complaint against Plaintiff alleging the following causes of action: Negligence; Intentional infliction of emotional distress; Breach of covenant of quiet enjoyment; Breach of implied warranty of habitability; Trespass; Trespass to chattels; Breach of contract; and Intrusion into private affairs. Plaintiff moves to strike the Cross-Complaint it in its entirety. The motion is opposed. For the reasons set forth below, the Court denies the motion.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

VILMA FIGUEROA, AN INDIVIDUAL, ET AL. VS G & D MANAGEMENT & APARTMENT BUILDING L.,, ET AL.

On April 4, 2019, Plaintiffs Vilma Figueroa, Jorge Lopez, and Abdulio Cabrera commenced this action against Defendants G&D Management & Apartment Building L. and 409 W. 22nd Street, LLC for (1) breach of implied warranty of habitability; (2) breach of statutory warranty of habitability; (3) breach of the covenant of quiet enjoyment; (4) negligence; (5) violation of Civil Code section 1942.4; and (6) private nuisance. On June 28, 2019, default was entered against Defendant 409 W. 22nd Street, LLC.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

MARYAM GHOLAMIRAD VS. BELLA VISTA APARTMENTS

On 21 December 20181, Plaintiff filed a complaint against Defendant asserting causes of action for: (1) Breach of Implied Warranty of Habitability (2) Breach of Implied Covenant of Quiet Use and Enjoyment (3) Fraud (4) Nuisance (5) Premises Liability (6) Negligence (7) Breach of Contract On 25 September 2019, Defendant filed an answer to Plaintiff’s complaint. B. The Cross-Complaint. On 26 November 2019, Defendant filed a cross-complaint.

  • 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

CARMELITA GOMEZ, AN INDIVIDUAL, ET AL. VS PARITOSH MAZUMDER, AN INDIVIDUAL, ET AL.

On April 25, 2019, Plaintiffs filed a complaint, asserting causes of action against Defendants MAZ Management LLC, Paritosh Mazumder (Defendants”) and Does 1-20 for: Negligence Nuisance Breach of Lease Breach of Implied Warranty of Habitability On September 18, 2019, this case was transferred from Department 3 (personal injury hub) to this instant department. A Case Management Conference is set for October 14, 2020. Discussion H.G.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ANGELICA ARNADO, AN INDIVIDUAL, ET AL. VS 901 SOUTH BROADWAY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP

Lastly, because a Breach of Implied Warranty of Habitability claim may be used by a Plaintiff to recover damages and retroactive rent abatement, the fact that the Plaintiff may not reside in the property is not relevant. (Quevedo v. Braga (1977) 72 Cal.App.3d Supp. 1, 7-8 disapproved on other grounds by Knight v. Hallsthammar (1981) 29 Cal.3d 46.) Defendant has not cited any law to the contrary. Accordingly, the Demurrer to the First Cause of Action is OVERRULED.

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

CONSTANCE A SHONAFELT, AS TRUSTEE OF THE SHONAFELT FAMILY TRUST, ET AL. VS CLASSIC PROPERTY MANAGEMENT, INC., A CALIFORNIA CORPORATION

Plaintiffs filed the operative Second Amended Complaint on March 25, 2020 alleging causes of action for: Negligence; Breach of Contract; Breach of Implied Warranty of Good Faith and Fair Dealing; Violation of Business and Professions Code §§ 7031(b)/7118; and Declaratory Relief. J.Paul Lewis and Steven Scordakis, counsel for Defendant Steven A. Hemingway dba Classic Rentals, now move to be relieved as counsel. The motion is opposed by Plaintiffs.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

KENNETH THOMPSON ET AL VS CORSICA APARTMENT HOMES ET AL

Breach of Implied Warranty of Habitability 5. NIED 6.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

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

FORMOSA FABRIC INC., A CALIFORNIA CORPORATION VS OMID LAVI, ET AL.

The FACC alleges sixteen causes of action as follows: (1) breach of contract against Lim, (2) breach of contract against Formosa, (3) breach of contract against Formosa, (4) breach of implied warranty against Formosa, (5) misappropriation of trade secrets against all cross-defendants, (6) tortious interference with contract against Formosa and Bin Liu, (7) tortious interference with prospective economic relations against all cross-defendants, (8) violation of California Uniform Trade Secret Act against all cross-defendants

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JOCELYN FRYE, ET AL. VS ROBHANA GROUP INC

IMPLIED COVENANT AND WARRANTY CLAIMS — SECOND, THIRD, AND SIXTH CAUSES OF ACTION Defendants argue that the second, third, and sixth causes of action for breach of implied warranty of habitability, breach of the covenant of quiet enjoyment, and breach of the covenant of good faith and fair dealing, are demurrable as duplicative of Plaintiffs’ breach of contract claim. (Demurrer at pp. 13–15.)

  • Hearing

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

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

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