What is products liability – implied warranty?

Useful Rulings on Products Liability – Implied Warranty

Recent Rulings on Products Liability – Implied Warranty

JAIME QUINONES CISNEROS VS G GU METAL RECYCLING, LLC

Gu Metal Recycling, LLC and Cross-Defendant Tsu Chun Ku alleging a breach of implied warranty and seeking express and equitable indemnity, contribution, and declaratory relief. On March 12, 2020, Plaintiff’s counsel, Raquel Cruz, Esq., filed a motion to be relieved as counsel pursuant to California Rule of Court rule 3.1362. On March 20, 2020, the Court continued the hearing on the motion to be relieved as counsel to May 5, 2020. On April 16, 2020, the Court continued the hearing to July 15, 2020.

  • Hearing

    Jul 15, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MICHAEL GREEN ET AL VS CASA VIEJA GRILL ET AL

The complaint alleges causes of action for strict liability, breach of implied warranty, and negligence. On January 23, 2020, attorney Barry P. Goldberg (“Counsel”) filed a Notice of Change of Handling Attorney Within Firm, requesting to replace Bernard J. Thalheimer as the counsel of record for Plaintiff Atkinson. On February 11, 2020, Counsel filed a motion to be relieved as counsel as to Plaintiff Atkinson pursuant to California Code of Civil Procedure section 284, subdivision (2).

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

FELIPE GARCIA INGUEZ ET AL VS TED GUERRA

Introduction On February 27, 2019, Defendant Ted Guerra (“Defendant”) filed a Motion for Summary Judgment or, in the alternative, for Summary Adjudication on all the causes of action for Breach of Implied Warranty of Habitability, Tortious Breach of Implied Warranty of Habitaiblity, Negligence, Intentional Infliction of Emotional Distress, Private Nuisance, Violation of Civil Code section 1942.4, and Violation of Business and Professions Code section 17200 in Plaintiffs Felipe Garcia-Inguez, Madai Najera, Felipe

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MICAELA LEYVA VS. KAREN BACA AN INDIVIDUAL

EC 065134 Causes of Action: From Complaint 1) Breach of Implied Warranty of Habitability 2) Demand for Rent for Uninhabitable Dwelling 3) Negligent Maintenance of Premises 4) Violation of Unfair Competition Law 5) Breach of the Covenant of Quiet Enjoyment 6) Nuisance 7) IIED 8) NIED Causes of Action: From (Mendoza) Complaint 1) Wrongful Eviction 2) Retaliatory Eviction 3) Conversion 4) Breach of Implied Warranty of Habitability 5) Demand for Rent for Uninhabitable Dwelling 6) Negligent Maintenance

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    other

KELSEA SAKAMOTO VS GLENOAKS TOWNHOMES LLC, ET AL.

The complaint alleges causes of action for breach of contract, breach of implied warranty of habitability/tenantability, breach of implied warranty of quiet enjoyment, negligence, constructive eviction, nuisance, breach of the covenant of good faith and fair dealing, negligent misrepresentation and intentional misrepresentation. ANALYSIS: Procedural Untimely Opposition Plaintiff has filed an untimely opposition to this motion.

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

DEREK TSAI VS BMW OF NORTH AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

The complaint alleges causes of action for breach of implied warranty of merchantability under the Song-Beverly Warranty Act, breach of express warranty of merchantability under the Song-Beverly Warranty Act, breach of written warranty under the Magnuson-Moss Warranty Act, and breach of implied warranty under the Magnuson-Moss Warranty Act.

  • Hearing

    Jul 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

ELISABETH GIMENEZ VS. AMERICAN HONDA MOTOR CO., INC.,

(Defendant) and Does 1 through 50, alleging: (1) breach of express warranty in violation of the Song-Beverly Consumer Warranty Act; (2) breach of implied warranty in violation of the Song-Beverly Consumer Warranty Act; and (3) violation of Civil Code section 1793.2, subdivision (b). On May 13, 2020, Plaintiff filed a motion for leave to file a first amended complaint.

  • Hearing

    Jul 09, 2020

LUIS VILLA VS FCA US, LLC, ET AL.

Initially, the Court finds that Plaintiff’s citations to American Suzuki and Isip are not persuasive because neither American Suzuki nor Isip considered whether a claim for breach of implied warranty can be compelled to binding arbitration. (American Suzuki Motor Corp. v. Superior Court (1995) 37 Cal.App.4th 1291; see also Isip v. Mercedes-Benz USA, LLC (2007) 155 Cal.App.4th 19.)

  • Hearing

    Jul 09, 2020

GERALDINE J. TOBAR, ET AL. VS FCA US, LLC, ET AL.

The First Amended Complaint (“FAC”) alleges: 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; 5) Breach of Implied Warranty; 6) Fraudulent Inducement-Concealment. On September 27, 2019, Defendants filed a demurrer to the Sixth cause of action and a motion to strike paragraphs 17-69 and 93-111 from the FAC.

  • Hearing

    Jul 09, 2020

EMIL MATUSENKO ET AL VS DALCO FORENSIC CONSULTANTS INC ET AL

On June 28, 2019, Plaintiffs filed a first amended complaint (FAC), alleging causes of action for: (1) breach of implied warranty of habitability; (2) nuisance; (3) negligence; (4) violation of Toxic Mold Protection Act; (5) breach of the covenant of quiet enjoyment; (6) breach of contract; (7) breach of implied covenant of good faith and fair dealing; (8) declaratory relief; (9) negligence – broker/agent; (10) fraud; (11) Business and Professions Code sections 17200, et seq.; and (12) Business and Professions

  • Hearing

    Jul 09, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

EDDIE URQUIZA VS BMW OF NORTH AMERICA LLC

Plaintiff’s Complaint alleges the following causes of action against BMW: (1) Violation of Civil Code § 1793.2(d), (2) Violation of Civil Code § 1793.2(b), (3) Violation of Civil Code § 1793.2(a)(3), (4) Breach of Express Written Warranty, (5) Breach of Implied Warranty of Merchantability, and (6) Fraud.

  • Hearing

    Jul 08, 2020

ZIV BAHAT, ET AL. VS GENERAL MOTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY

The Complaint alleges two causes of action for: 1) Breach of Implied Warranty of Merchantability (Song-Beverly Warranty Act); and 2) Breach of Express Warranty (Song-Beverly Warranty Act). The claims relate to a new 2016 GMC Yukon Plaintiffs purchased on October 3, 2016. On February 10, 2020, Plaintiffs filed the instant motion to compel the deposition of Defendant’s Person Most Knowledgeable, with Production of Documents. This motion relates to the PMK deposition initially set for December 30, 2019.

  • Hearing

    Jul 08, 2020

DEBORAH HOLLOWAY, ET AL. VS INVESTMENT CONCEPTS, INC., A CALIFORNIA CORPORATION, ET AL.

Specifically, in the context of breach of implied warranty of habitability cases, “[t]o support an award of punitive damages on the basis of conscious disregard of the safety of others, a plaintiff ‘must establish that the defendant was aware of the probable dangerous consequences of his conduct, and that he willfully and deliberately failed to avoid those consequences.’” (Penner v. Falk (1984) 153 Cal. App. 3d 858, 867.)

  • Hearing

    Jul 08, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

HUMBERTO SALAZAR, JR., ET AL. VS FCA US LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

The Complaint alleges three causes of action for: 1) breach of express warranty – violation of Song-Beverly Act; 2) breach of implied warranty – violation of Song-Beverly Act; and 3) fraudulent inducement – concealment. On February 4, 2019, Defendants answered. On February 26, 2020, Defendants move to adjudicate the third cause of action for fraudulent inducement and associated punitive damages request.

  • Hearing

    Jul 08, 2020

  • Type

    Contract

  • Sub Type

    Breach

MARCELLA ANDERSON V. KENNETH GOLDBERG, DMD

The latter cause of action asserts three theories of liability: (a) strict liability against Keystone and Coastal Oral; (b) negligence against Coastal Oral; and (c) breach of implied warranty against Keystone and Coastal Oral. Currently on calendar is Goldberg and Coastal Oral’s demurrer to the second cause of action for products liability.

  • Hearing

    Jul 08, 2020

DIANE HIGHTREE V. AMPLIFY LTD

(Amplify) asserting causes of action for breach of express warranty, breach of implied warranty, unjust enrichment, violation of California Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.), violation of California False Advertising Law (Bus. & Prof. Code, § 17500 et seq.), and violation of California Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.). The complaint alleges false, misleading, and deceptive claims were made by Amplify regarding its hair and skin care products.

  • Hearing

    Jul 07, 2020

SANCHEZ-URQUIZA VS NISSAN NORTH AMERICA

The complaint sets forth the following causes of action: (1) Violation of Song-Beverly Act— Breach of Express Warranty; (2) Violation of Song-Beverly Act—Breach of Implied Warranty; (3) Violation of the Song-Beverly Act Section 1793.2; (4) Fraudulent Inducement—Concealment. The present motion is brought by plaintiff to compel the attendance of defendant’s person most knowledgeable (PMK) at a deposition.

  • Hearing

    Jul 07, 2020

NATHAN MADANI VS O'GARA COACH COMPANY LLC, A LIMITED LIABILITY COMPANY, ET AL.

(6) Breach of Implied Warranty Defendant on reply asserts the Sixth Cause of Action for Breach of Implied Warranty fails to allege sufficient facts to constitute a cause of action under Code of Civil Procedure, Section 430.10, subdivision (e). Again, Defendant O’Gara has not demurred to this cause of action, and the court does not consider this argument. (American Drug Stores, supra, at 1453.)

  • Hearing

    Jul 07, 2020

  • Type

    Contract

  • Sub Type

    Breach

MONICA LLERENAS, ET AL. VS KIA MOTORS AMERICA, INC., A CALIFORNIA CORPORATION

OPPOSITION: Plaintiffs Monica Llerenas and Alenjandro Llerenas On October 9, 2019, Plaintiffs filed a Complaint against Defendant, alleging causes of action for: 1) Violation of Song-Beverly Act - Breach of Express Warranty; 2) Violation of Song-Beverly Act - Breach of Implied Warranty; 3) Violation of Song-Beverly Act - Section 1793.2; 4) Fraudulent Inducement-Concealment; 5) Fraudulent Inducement-Intentional Misrepresentation.

  • Hearing

    Jul 07, 2020

  • Type

    Contract

  • Sub Type

    Breach

MARY LACAYO, ET AL. VS GENERAL MOTORS, INC

procedural history Plaintiffs filed the Complaint on December 30, 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 GM filed the present Demurrer and Motion to Strike on February 28, 2020. Plaintiffs filed Oppositions on April 9, 2020.

  • Hearing

    Jul 06, 2020

TEHILA KOHANBASH VS FCA US LLC, (FORMERLY KNOWN AS CHRYSLER GROUP LLC), A DELAWARE CORPORATION,, ET AL.

On October 7, 2019, Plaintiff Tehila Kohanbash (Plaintiff) filed suit against FCA US LLC (formerly known as Chrysler Group LLC), Orange Coast Auto Group, LLC dba Orange Coast Jeep Dodge Ram fka Orange Coast Alfa Romeo alleging: (1) violation of Song-Beverly Consumer Warranty Act; (2) breach of implied warranty; (3) negligent repair; and (4) misrepresentation.

  • Hearing

    Jul 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

MIGUEL ANGEL OLVERA, ET AL. V. HYUNDAI MOTOR AMERICA, INC.

On this basis, Plaintiffs assert causes of action against Defendant for: (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.” Currently before the Court is Defendant’s demurrer to the second and third causes of action and motion to strike allegations from the complaint. II.

  • Hearing

    Jul 02, 2020

THE THIMONS FAMILY TRUST VS. GENOVA CUSTOMS, LLC

Plaintiffs have kept five of their eight causes of action, dropping negligence, breach of implied warranty, and fraudulent/negligent misrepresentation. Of the 15 pages in defendants’ points and authorities, this court calculates that 43% of them will not apply to the next demurrer, either because they relate to dropped causes of action or because they tell the story that led to the imposition of this award.

  • Hearing

    Jul 02, 2020

KATAYOUN TAGHIZADEH FAZLI ET AL VS ACTION PROPERTY MANAGMENT

Breach of Implied Warranty of Habitability 2. Nuisance 3. Breach of Lease 4. Negligence 5. Fraud/Concealment 6. Negligent Misrepresentation 7. Intentional Infliction of Emotional Distress (“IIED”) 8. Unfair Business Practices William Byron is not charged with the 3rd cause of action for breach of lease. SUMMARY OF ALLEGATIONS Plaintiff was a tenant of the property at 242 Glendora Ave. #2, Long Beach, California commencing June 24, 2013.

  • Hearing

    Jul 02, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

ARA JIL-AGOPIAN VS JAGUAR LAND ROVER NORTH AMERICAN, LLC

Plaintiff’s Complaint asserts two causes of action: (1) Breach of Express Warranty Obligations Under the Act; and (2) Breach of Implied Warranty Obligations Under the Act.

  • Hearing

    Jul 02, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

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