Products Liability – Implied Warranty of Merchantability

Useful Rulings on Products Liability – Implied Warranty of Merchantability

Recent Rulings on Products Liability – Implied Warranty of Merchantability

BAHRAM JARIDIAN VS SUBARU OF AMERICA, INC., ET AL.

On June 26, 2020 Plaintiff Bahram Jaridian commenced this lemon law action and on September 23, 2020 filed his first amended complaint (“FAC”) against Defendants Subaru of America, Inc. and Galpin Subaru for (1) violation of Civil Code section 1793.2, subdivision (D); (2) violation of Civil Code section 1793.2, subdivision (B); (3) violation of Civil Code section 1793.2, subdivision (A)(3); (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; (6) fraud; and (7) negligent

  • Hearing

NEIL YESCHIN VS HYUNDAI MOTOR AMERICA

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

  • Hearing

VIVEK RAMAMURTHY, ET AL. VS GENERAL MOTORS, LLC

BACKGROUND Plaintiffs’ complaint arises from an alleged defective 2012 Chevrolet Cruze (the “Subject Vehicle”), alleging causes of action for : (1) violation of subdivision (d) of California Civil Code, Section 1793.2; (2) violation of subdivision (b) of California Civil Code, Section 1793.2; (3) violation of subdivision (a)(3) of California Civil Code, Section 1793.2; (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; and (6) fraud by omission.

  • 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.

The implied warranty of merchantability may be breached by a latent defect undiscoverable at the time of sale. (Id.) In the case of a latent defect, a product is rendered unmerchantable, and the warranty of merchantability is breached, by the existence of the unseen defect, not by its subsequent discovery. (Id. at 1305.)

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

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

Plaintiff alleges that the defects violate the express warranties given by Defendants and implied warranty of merchantability.

  • Hearing

ANDRES ASCENCIO, ET AL. VS FCA US LLC, ET AL.

On June 5, 2019, Plaintiffs Andres Ascencio and Luis Saul Ascencio commenced this lemon law action against Defendants FCA US LLC and Van Nuys Chrysler Dodge Jeep Ram 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 1739.2; (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; and (6) negligent repair.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

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

ALICIA CAMACHO VS NISSAN NORTH AMERICA, INC.

Breach of the Implied Warranty of Merchantability (Civil Code Section 1791.1; Section 1794) The Final Status Conference is set for April 12, 2021. Trial is set for April 20, 2021. Legal Standard A motion to compel further responses to a demand for inspection or production of documents may be brought based on: (1) incomplete statements of compliance; (2) inadequate, evasive or incomplete representations of inability to comply; or (3) unmerited or overly generalized objections. (Code Civ.

  • Hearing

SER CARGO EXPRESS CORP. VS PAOLA PACHON, ET AL.

BACKGROUND Plaintiff’s complaint arises from an alleged defective 2017 Chrysler Pacifica (the “Subject Vehicle”), alleging causes of action for : (1) violation of subdivision (d) of California Civil Code, Section 1793.2; (2) violation of subdivision (b) of California Civil Code, Section 1793.2; (3) violation of subdivision (a)(3) of California Civil Code, Section 1793.2; (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; and (6) fraud by omission.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

HELEN LIN HUANG, ET AL. VS TESLA, INC.

Additionally, the Song-Beverly Act also provides a right of action for a buyer to recover damages and other relief when there has been a breach of the implied warranty of merchantability if the vehicle was sold at the time of sale with a known defect. (CC § 1794(a); Mexia v. Rinker Boat Co., Inc. (2009) 17 Cal.App.4th 1297, 1304-05.)

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

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

DANIEL MARTIN RENOVATO, ET AL. VS FCA US LLC, ET AL.

Plaintiffs has one cause of action against Dealer – for breach of the implied warranty of merchantability. Plaintiffs assert against FCA claims for breach of the repurchase obligation under the Song-Beverly Act, failure to timely repair the vehicle, failure to provide sufficient service literature and replacement parts to effect repairs, breach of express written warranty, and fraudulent inducement, in addition to breach of the implied warranty.

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

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

PARVIZ DAMAVANDI VS GENERAL MOTORS LLC

(a); § 1794); Breach of Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795.5); and Fraud by Omission. Defendant now demurs to the sixth cause of action and moves to strike allegations in the FAC related to punitive damages. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v.

  • Hearing

PARVIZ DAMAVANDI VS GENERAL MOTORS LLC

(a); § 1794); Breach of Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795.5); and Fraud by Omission. Defendant now demurs to the sixth cause of action and moves to strike allegations in the FAC related to punitive damages. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v.

  • 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

NIA LOWE CASSELMAN VS KIA MOTORS AMERICA, INC

Code § 1793.2(a)(3); 4) breach of express written warranty; 5) breach of implied warranty of merchantability; and 6) fraud by omission. On August 10, 2020, Defendant filed a demurrer to the third through sixth causes of action and a motion to strike punitive damages. On October 27, 2020, Plaintiff filed an opposition. On November 2, 2020, Defendant filed a reply. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v.

  • Hearing

GARCIA VS. GENERAL MOTORS

Instead, it is based on the provisions of the Song Beverly Act which impose an implied warranty of merchantability in the sale of consumer goods in the state. (Civ. Code §§ 1791.1(a) [defining implied covenant of merchantability] and 1792 [imposing implied warranty of merchantability].) (See also Brand v.

  • Hearing

FORTINO GUZMAN PEREZ VS FCA US LLC

On May 24, 2019, Plaintiff filed a complaint, asserting causes of action against Defendants FCA US, LLC (“Defendant”) and Does 1-50 for: Violation of Subdivision (d) of Civil Code Section 1793.2 Violation of Subdivision (b) of Civil Code Section 1793.2 Violation of Subdivision (a)(3) of Civil Code Section 1793.2 Breach of Express Written Warranty (Civil Code § 1791.2(a); § 1794) Breach of the Implied Warranty of Merchantability (Civil Code § 1791.1; § 1794) A Trial Setting Conference is set for November

  • Hearing

PATRICIA LADD VS KIA MOTORS AMERICA, INC

In opposition, Plaintiff argues that his cause of action for breach of the implied warranty of merchantability is well pled. The Court finds that Plaintiff has alleged facts sufficient to state a cause of action for breach of the implied warranty of merchantability. Contrary to Defendant’s arguments, even a cursory review of the FAC evidences that Plaintiff has alleged facts specific to his vehicle. (FAC ¶ 58-59.) Accordingly, Defendant’s arguments are unpersuasive, untenable and must fail.

  • Hearing

ABRAHAM LAMAS RODRIGUEZ VS HYUNDAI MOTOR AMERICA

Code §§1791.2(a) and 1794; and (5) Breach of the Implied Warranty of Merchantability – Cal Civ. Code §§1791.1 and 1794. Defendant HYUNDAI MOTOR AMERICA (“Defendant”) demurs to the second and third causes of action pursuant to CCP §430.10(e). Defendant argues that the second and third causes of action are subject to demurrer for the following reasons: “First, neither of these claims are separately actionable claims under the Song Beverly Consumer Warranty Act.

  • Hearing

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

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