Products Liability – Implied Warranty of Merchantability

Useful Resources for Products Liability – Implied Warranty of Merchantability

Recent Rulings on Products Liability – Implied Warranty of Merchantability

226-250 of 1041 results

JUAN OCAMPO VS KIA MOTORS AMERICA, INC.

(a), § 1794), (5) breach of the implied warranty of merchantability (Civil Code § 1791.1, § 1794). Plaintiff now moves for leave to file a First Amended Complaint (“FAC”). Defendant opposes the motion. Legal Standard California law holds that leave to amend is to be granted liberally, to accomplish substantial justice for both parties. (Code Civ. Proc., § 473, subd. (a); Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 488-489.)

  • Hearing

    Aug 14, 2020

HECTOR HERNANDEZ VS FORD MOTOR COMPANY, ET AL.

Plaintiff’s Complaint, filed July 30, 2019, alleges six causes of action for: (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 warranty, (5) breach of implied warranty of merchantability, (6) fraud by omission. The fifth cause of action is alleged against all defendants, while the remaining causes of action are alleged against defendant FMC only.

  • Hearing

    Aug 13, 2020

  • Type

    Contract

  • Sub Type

    Breach

GILLOTTI VS JAGUAR LAND ROVER NORTH AMERICA LLC

warranty of merchantability, and violation of the Song-Beverly Consumer Warranty Act.

  • Hearing

    Aug 13, 2020

  • Type

    Contract

  • Sub Type

    Breach

MARIA MAYELA GONZALEZ VS GENERAL MOTORS, LLC

Plaintiff’s operative Complaint alleges causes of action as follows: (1) violation of Civil Code § 1793.2, subdivision (d), (2) violation of Civil Code § 1793.2, subdivision (b), (3) violation of Civil Code § 1793.2, subdivision (A)(3), (4) breach of express written warranty (Civil Code §§ 1791.2, subdivision (a), 1794), (5) breach of implied warranty of merchantability (Civil Code §§ 1791.1, 1794, 1795.5), (6) violation of the Magnuson-Moss Warranty Act, (7) fraud by omission.

  • Hearing

    Aug 13, 2020

RAPHAEL ALDO MIMOUN VS FCA US LLC, ET AL.

Issue No. 2: Existence of a Valid Arbitration Agreement Plaintiff contends that the only cause of action asserted against Moving Defendant is for breach of the implied warranty of merchantability. Plaintiff argues that there is no valid agreement to arbitrate claims because: (1) implied warranty arises by operation of law; and (2) the parties did not agree to arbitrate warranty claims.

  • Hearing

    Aug 12, 2020

ALEXANDRO FILIPPINI, ET AL. V. TESLA, INC.

On February 27, 2020, plaintiffs filed their original complaint for damages against defendant Tesla asserting four causes of action for (1) breach of implied warranty of merchantability under Song-Beverly Warranty Act, (2) breach of express warranty under Song-Beverly Warranty Act, (3) violation of Consumer Legal Remedies Act, and (4) violation of Unfair Competition Law. On May 28, 2020, Tesla filed its demurrer to the first, third, and fourth causes of action.

  • Hearing

    Aug 10, 2020

ELOISA MELGOZA VS KIA MOTORS AMERICA, INC

The complaint alleges seven causes of action: (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 implied warranty of merchantability; (6) fraud by omission; and (7) violation of Consumer Legal Remedies Act (“CLRA”). On June 1, 2020, Defendant filed a demurrer and motion to strike.

  • Hearing

    Aug 10, 2020

ROSA MAY VS FIRST MOTOR GROUP OF ENCINO LLC ET AL

The Complaint alleges two causes of action for: 1) violation of Consumer Legal Remedies Act (“CLRA”); and 2) breach of implied warranty of merchantability. The Complaint alleges that on March 27, 2012, Plaintiff purchased a pre-owned 2009 Mercedes-Benz C300 (the “vehicle”) from Defendant, an auto dealer. In April 2016, the vehicle needed to be serviced by Defendant when the SRS control unit/airbag module needed to be replaced and reprogrammed.

  • Hearing

    Aug 10, 2020

LATANYA SIMMONS, ET AL. V. APPLE INC., ET AL.

The Complaint sets forth the following counts: (1) Express Warranty; (2) Breach of the Song-Beverly Act – Implied Warranty of Merchantability; (3) Violation of the CLRA; (4) Violation of the UCL; (5) Unjust Enrichment; (6) Common Law Fraud; and (7) Negligence. The parties have reached a settlement. Plaintiffs move for preliminary approval of the settlement. II.

  • Hearing

    Aug 07, 2020

FRANCISCO NAVARRO VS NISSAN NORTH AMERICA, INC.

The FAC alleges the following causes of action: (1) violation of Civil Code §1793.2, subdivision (d), (2) violation of Civil Code § 1793.2, subdivision (b), (3) violation of Civil Code §, subdivision (a)(3), (4) breach of express written warranty (Civil Code §§ 1791.2, subdivision (a), 1794, (5) breach of the implied warranty of merchantability (Civil Code §§ 1791.1, 1794, 1795.5, (6) violation of the Magnusson-Moss Warranty Act, (7) fraud Defendant now demurrers to the seventh cause of action for fraud on

  • Hearing

    Aug 07, 2020

DELLALONGA FAMILY TRUST VS VOLKSWAGEN GROUP OF AMERICA, INC., ET AL.

Plaintiff alleges four causes of action in the Complaint, as follows: (1) violation of Civil Code § 1793.2(d) against VGA, (2) violation of Civil Code § 1783.2(b) against VGA, (3) violation of Civil Code § 1793.2 (A)(3) against VGA, (4) breach of express written warranty against VGA, and (5) breach of implied warranty of merchantability against all defendants. Plaintiff now moves to compel Defendant to provide further responses to Requests for Production, Set One. Defendant opposes the motion.

  • Hearing

    Aug 07, 2020

  • Type

    Contract

  • Sub Type

    Breach

JOHN CHANG VS FCA US, LLC, ET AL.

On January 15, 2019, Plaintiff bought a complaint against Defendants FCA USA, LLC and FAB4, LLC dba Russell Westbrook CDJR asserting causes of action for Breach of Implied Warranty of Merchantability under the Song-Beverly Warranty Act and Breach of Express Warranty under the Song-Beverly Act. The parties entered into a settlement agreement. Plaintiff now moves for attorney fees and costs pursuant to Civil Code section 1794(d).

  • Hearing

    Aug 07, 2020

  • Type

    Contract

  • Sub Type

    Breach

  • Judge

    Paul A. Bacigalupo or Virginia Keeny

  • County

    Los Angeles County, CA

SANDRA ROSALES V. NISSAN NORTH AMERICA

Plaintiff’s complaint alleges three causes of action, for (1) Breach of Implied Warranty of Merchantability under the Song-Beverly Warranty Act (the Act); (2) Breach of Express Warranty under the Act; and (3) Fraudulent Inducement - Concealment. Plaintiff’s complaint centers around her October 14, 2012 purchase of a 2012 Nissan Versa (the Vehicle), which Vehicle allegedly had several defects and malfunctions.

  • Hearing

    Aug 06, 2020

GOMEZ VS. FCA US LLC

It appears that the requested documents are relevant to the issues related to Defendant’s good faith compliance with the Song-Beverly Consumer Warranty Act, including breach of the express warranty and implied warranty of merchantability. If “good cause” is shown by the moving party, the burden is then on the responding party to justify any objections made to document disclosure. (Kirkland v. Sup.Ct. (Guess?, Inc.) (2002) 95 Cal.App.4th 92, 98.)

  • Hearing

    Aug 06, 2020

JOHN LOPEZ, VS GENERAL MOTORS, LLC

BACKGROUND: On December 13, 2018, Plaintiffs John Lopez and Jennifer Lopez commenced this action against General Motors, 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. This Song-Beverly Consumer Warranty Act (“Lemon Law”) lawsuit stems from Plaintiffs’ purchase of a new 2016 Chevrolet Cruze, VIN 1G1PF5SB8G7102777, ("Subject Vehicle" or "Vehicle").

  • Hearing

    Aug 05, 2020

JOHN LOPEZ, VS GENERAL MOTORS, LLC

BACKGROUND: On December 13, 2018, Plaintiffs John Lopez and Jennifer Lopez commenced this action against General Motors, 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. This Song-Beverly Consumer Warranty Act (“Lemon Law”) lawsuit stems from Plaintiffs’ purchase of a new 2016 Chevrolet Cruze, VIN 1G1PF5SB8G7102777, ("Subject Vehicle" or "Vehicle").

  • Hearing

    Aug 05, 2020

LETICIA MENDOZA, ET AL. VS FCA US, LLC, ET AL.

(a); § 1794) (against FCA); Breach of Implied Warranty of Merchantability (Civ. Code § 1791.1; § 1794; § 1795.5); Fraudulent Inducement – Concealment (against FCA); and Negligent Repair (against McKeep’s). Defendant McKeep’s seeks an order compelling arbitration of all of Plaintiffs’ claims and staying the action pending the outcome of arbitration.

  • Hearing

    Aug 04, 2020

ROBERT CLARK VS CAMPBELL SOUP COMPANY ET AL

Carmax Auto Superstores California (2018) 19 Cal.App.5th 1234, 1246-1247 [implied warranty of merchantability]; Cardinal Health 301, Inc. v. Tyco Electronics Corp. (2008) 169 Cal.App.4th 116, 146 [breach of implied warranty of fitness for a particular purpose]; National Union Fire Ins. Co. of Pittsburgh, PA v. Cambridge Integrated Services Group, Inc. (2009) 171 Cal.App.4th 35, 50 [negligent misrepresentation]; Williams v.

  • Hearing

    Aug 04, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

GRACIELA ZAMORA VS HYUNDAI MOTOR AMERICA

On April 10, 2019, Plaintiff filed a complaint for violations of the Song-Beverly Consumer Warranty Act under Civil Code section 1793.2, breach of express warranty pursuant to Civil Code section 1794, and breach of implied warranty of merchantability pursuant to Civil Code section 1791.1. Defendant answered the complaint on May 13, 2019. RULING: Granted Plaintiff Graciela Zamora moves to compel further responses to Request for Production of Documents (set one), numbers 59-64.

  • Hearing

    Jul 31, 2020

PAUL WARGO, ET AL. VS KIA MOTORS AMERICA, INC.

Breach of the Implied Warranty of Merchantability (5th COA) Defendant argues Plaintiffs’ 5th cause of action is time barred. (Demurrer, pgs. 11-12.) Defendant also argues Plaintiffs fail to allege sufficient facts to constitute the cause of action. (Demurrer pgs. 22-23.) “The implied warranty of merchantability may be breached by a latent defect undiscoverable at the time of sale.

  • Hearing

    Jul 31, 2020

YOONSHIK KIM VS BMW OF NORTH AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

Plaintiffs asserted claims for violation of the Consumer Legal Remedies Act, unfair competition, false advertising, breach of implied warranty of merchantability, and common law breach of contract. The manufacturer, Toyota, which was not a signatory to the Agreements with the dealerships, moved to compel arbitration.

  • Hearing

    Jul 31, 2020

  • Type

    Contract

  • Sub Type

    Breach

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

“One innovation of the Song-Beverly Act is an express provision for a duration of the implied warranty of merchantability.” (Id. at 1304.) In the context of the Song-Beverly Act an implied warranty “in no event shall . . . have a duration of less than 60 days nor more than one year following the sale of new consumer goods to a retail buyer.” (Id. at 1304.) “The implied warranty of merchantability may be breached by a latent defect undiscoverable at the time of sale.” (Id.)

  • Hearing

    Jul 30, 2020

  • Type

    Contract

  • Sub Type

    Breach

(NO CASE NAME AVAILABLE)

Plaintiff’s operative Complaint alleges causes of action as follows: (1) violation of Civil Code § 1793.2(d) against VGA, (2) violation of Civil Code § 1793.2 (b) against VGA, (3) violation of Civil Code § 1793.2 (a)(3) against VGA, (4) breach of express written warranty against VGA, (5) breach of the implied warranty of merchantability against VGA, (6) negligent repair against PFLV. On July 10, 2020, the court entered a protective order regarding discovery in this action.

  • Hearing

    Jul 30, 2020

GUADALUPE JIMENEZ VS GENERAL MOTORS, LLC

On August 21, 2019, Plaintiff filed a complaint, asserting causes of action against 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 Section 1791.2(a); Section 1794) Breach of the Implied Warranty of Merchantability (Civil Code Section 1791.1; Section 1794) The Final Status Conference is set for February

  • Hearing

    Jul 30, 2020

LAOLU DAMILOLA OLADAPO VS BMW OF NORTH AMERICA, LLC, ET AL.

Claims To Be Arbitrated Plaintiff alleges seven causes of action: (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 the implied warranty of merchantability; (6) fraud; and (7) negligent repair.

  • Hearing

    Jul 29, 2020

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