What is products liability – negligent repair?

Useful Rulings on Products Liability – Negligent Repair

Recent Rulings on Products Liability – Negligent Repair

DANIEL KANG VS VOLVO CARS OF NORTH AMERICA, LLC, ET AL.

Code § 1791.1; § 1794; § 1795.5) (against Volvo NA); Fraud by Omission (against Volvo NA); and Negligent Repair (against Volvo SM). Defendant Volvo NA (hereinafter “Defendant”) demurs to the first through sixth causes of action against it. 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

    Jul 14, 2020

EVANGELINE C. WARD MICHAYLUK VS BN DEALERSHIP I, LLC, ET AL.

Fourth Cause of Action: Negligent Repair Defendants contends that Plaintiff’s fourth cause of action for Negligent Repair against co-Defendants West Valley Chrysler Jeep fails because there are no facts to support damages. “The elements of a cause of action for negligence are duty, breach, causation, and damages.” (Johnson v. Prasad (2014) 224 Cal.App.4th 74, 78, internal citation omitted.)

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

DAVID WALLENSTEIN, ET AL. VS FORD MOTOR COMPANY, ET AL.

Plaintiffs filed a complaint against Defendants alleging causes of action: (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) negligent repair.

  • Hearing

    Jul 10, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

KIM NGO VS BMW OF NORTH AMERICA, LLC , ET AL.

The Court must still address Plaintiff’s negligent repair claim brought exclusively against BH BMW. According to Defendants, this negligent repair claims is also inextricably intertwined with the Contract because Plaintiff is essentially asserting that BH BMW failed to conform the Vehicle to BMWNA’s express warranties. The Court agrees. Under the economic loss rule, “a person may not ordinarily recover in tort for the breach of duties that merely restate contractual obligations.” (State Ready Mix, Inc. v.

  • Hearing

    Jul 08, 2020

ERIC TANDY VS FORD MOTOR COMPANY, ET AL.

The Complaint asserts causes of action for (1) violation of Civil Code section 1793.2(d), (2) violation of Civil Code section 1793.2(b), (3) violation of Civil Code section 1793.2(a)(3), (4) breach of express written warranty, (5) breach of the implied warranty of merchantability, (6) fraud by omission, and (7) negligent repair. Plaintiff’s causes of action arise from her purchase of a 2014 Ford Escape (Vehicle).

  • Hearing

    Jul 08, 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

STEPHEN QIU, ET AL. VS BMW OF NORTH AMERICA, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

The Complaint asserts causes of action for (1) breach of express warranty under the Song-Beverly Act against BMWNA, (2) breach of implied warranty under the Song-Beverly Act against BMWNA, (3) violation of Civil Code section 1793.2 against BMWNA, and (4) negligent repair against New Century BMW. Plaintiffs’ causes of action arise from their purchase of a used 2017 BMW X5 (Vehicle).

  • Hearing

    Jun 26, 2020

  • Type

    Contract

  • Sub Type

    Breach

JAVIER F. CARRANZA, ET AL. VS FCA US LLC, ET AL.

The Court also finds that apportionment would not be required as to the negligent repair cause of action. " When a cause of action for which attorney fees are provided by statute is joined with other causes of action for which attorney fees are not [*687] permitted, the prevailing party may recover only on the statutory cause of action. However, the joinder of causes of action should not dilute the right to attorney fees." (Akins v. Enterprise Rent-A-Car Co. (2000) 79 Cal. App. 4th 1127, 1133 [94 Cal.

  • Hearing

    Jun 25, 2020

  • Type

    Contract

  • Sub Type

    Breach

MARTIN CHACON LOPEZ, ET AL. VS FORD MOTOR COMPANY, ET AL.

Plaintiffs filed a complaint against Defendants 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 the implied warranty of merchantability; and (6) negligent repair.

  • Hearing

    Jun 22, 2020

  • Type

    Contract

  • Sub Type

    Breach

ILDIKO DIHEN V. VOLVO USA, LLC ET AL.

As a result, Plaintiff alleges seven causes of action 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 warranty; (5) breach of implied warranty of merchantability; (6) fraud by omission; and (7) negligent repair. II.

  • Hearing

    Jun 18, 2020

ROBERTO CONTRERAS VS GENERAL MOTORS, LLC, ET AL.

Plaintiff filed a complaint against Defendants 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; and (3) negligent repair. Plaintiff filed a motion for an order deeming the following requests for admission as admitted: 6-11; 13-15; 23-25; 34-36; 41; 46-48; 54-56; 64-67; 73-76; 83-84; 86; 94-96; 102-104; 106-109; 111-112; and 118-119.

  • Hearing

    Mar 10, 2020

ALEX MARVEL, ET AL. VS FCA US, LLC, ET AL.

BACKGROUND Plaintiffs filed a complaint against Defendants 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; (6) fraudulent inducement—concealment; and (7) negligent repair.

  • Hearing

    Mar 09, 2020

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

procedural history Halpern filed the Complaint on April 17, 2019, alleging four causes of action: Violation of Song-Beverly Consumer Warranty Act Breach of Implied Warranty of Merchantability Negligent Repair Misrepresentation On August 1, 2019, FCA received a signed copy of the Settlement and Release Agreement from Halpern’s counsel. Halpern filed the present Motion for Attorneys’ Fees on November 5, 2019. FCA filed an Opposition on February 20, 2020. Halpern filed a Reply on February 26, 2020.

  • Hearing

    Mar 04, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ERIK A HENNINGS VS BMW OF NORTH AMERICA LLC ET AL

Negligent Repair: For this cause of action, Hennings must prove that 1) BMW repaired the vehicle, 2) BMW was negligent in repairing the vehicle, 3) plaintiff was harmed, and 4) that BMW’s negligence was a substantial factor in causing Hennings’s harm. CACI 1220. Hennings argues that the delay in repairing the vehicle constitutes negligent repair. The court need not decide whether actions predating the repair could constitute negligent repair because, as discussed above, Hennings has not suffered damages.

  • Hearing

    Feb 28, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

JOSE GUTIERREZ VS. ROBERT DE VRIES

Brown Plaintiffs’ Opposition to Motion In their opposition to the motion, Brown plaintiffs argue that the fence separating the travel lanes of Highway 4 from the adjacent property was in Caltrans’ control, and presented a dangerous condition by reason of Caltrans’ negligent repair following a prior deer incident in 2014 or 2015, and that the bull’s escape itself is evidence that the repair was done negligently. (Brown Opposition, 3:18-5:14.)

  • Hearing

    Feb 20, 2020

EVANGELINE C. WARD MICHAYLUK VS BN DEALERSHIP I, LLC, ET AL.

Ward Michayluk (“Plaintiff”) commenced the instant action against defendants FCA US LLC (“Defendant”), BN Dealership I, LLC, West Valley Chrysler Jeep, and Does 1 through 10 for (1) Breach of Express Warranty under the Song-Beverly Act, (2) Breach of Implied Warranty under the Song-Beverly Act, (3) Fraudulent Inducement, and (4) Negligent Repair.

  • Hearing

    Feb 18, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

SHAUHIN SHAPOORI VS BMW OF NORTH AMERICA, LLC, ET AL.

On August 22, 2019, Plaintiff filed a complaint against Defendants BMW of North America, LLC (“BMW NA”) and McKenna Motors Torrance, Inc. dba South Bay BMW (“South Bay BMW”) alleging causes of action for: (1) breach of express warranty; (2) breach of implied warranty; (3) violation of the Song-Beverly Act section 1793.2; (4) violation of the Song-Beverly Act section 1793.22 – Tanner Consumer Protection Act; and (5) negligent repair.

  • Hearing

    Feb 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

BERNICE NOFLIN VS VOLKSWAGEN GROUP OF AMERICA INC ET AL

Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants alleging causes of action for: (1) violation of the Song-Beverly Act; (2) negligent repair: (3) fraudulent inducement—concealment; (4) fraudulent inducement—intentional misrepresentation; and (5) fraudulent inducement—negligent misrepresentation.

  • Hearing

    Jan 31, 2020

KENNETH THOMPSON ET AL VS CORSICA APARTMENT HOMES ET AL

A fire ignited on 2/22/18, and caused by Defendant’s “negligent repair, maintenance and/or work and/or failure to maintain, inspect, and/or repair the premises, tools, fixtures and/or equipment employed therein, including but not limited to the electrical, plumbing and other systems of the Corsica Apartments. (SAC, ¶ 36.) The SAC, filed on 9/9/19, asserts causes of action for: 1. Negligence 2. Breach of Lease Agreement 3. Wrongful Eviction 4. Breach of Implied Warranty of Habitability 5. NIED 6.

  • Hearing

    Jan 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

GRASSANO VS. FCA US LLC, A LIMITED LIABILITY COMPANY

Demurrer to Amended Complaint filed by FCA US LLC, and Glendale Dodge Chrysler Jeep; Defendants seek an order sustaining the demurrer to the third cause of action for sale of defective merchandise without disclosing defects; eighth cause of action for fraud, and ninth cause of action for negligent repair. SUSTAIN with 15 days’ leave to amend.

  • Hearing

    Jan 13, 2020

BERTHA LEZAMA, ET AL. VS FORD MOTOR COMPANY, ET AL.

procedural history Plaintiffs filed the Complaint on November 14, 2018, alleging four causes of action: Violation of Song-Beverly Act, Breach of Express Warranty Violation of Song-Beverly Act, Breach of Implied Warranty Violation of Song-Beverly Act section 1793.2 Negligent repair On September 6, 2019, Defendants Form Motor Company (“Ford”) and Sunrise filed the instant Motion for Judgment on the Pleadings. On December 26, 2019, Plaintiffs filed an Opposition.

  • Hearing

    Jan 09, 2020

  • Type

    Contract

  • Sub Type

    Breach

LAURA NATION VS VOLKSWAGEN GROUP OF AMERICA, INC., A CORPORATION

.; (4) Breach of Express Warranty; (5) Failure to Promptly Repurchase Product; (6) Failure to Commence Repairs Within a Reasonable Time; (7) Conversion; (8) Fraud; and (9) Negligent Repair. On October 15, 2019, Defendants filed the instant demurrer as to the seventh and eighth causes of action and motion to strike punitive damages from the FAC. The Court considered the moving, opposition, and reply papers.

  • Hearing

    Dec 03, 2019

  • Type

    Contract

  • Sub Type

    Breach

GABINO LEAL VS MERCEDES-BENZ USA LLC ET AL

Violation of Song-Beverly Act — Breach of Express Warranty Violation of Song-Beverly Act — Breach of Implied Warranty Violation of the Song-Beverly Act Section 1793.2 Negligent Repair On June 4, 2019, Leal filed a conditional Notice of Settlement. Leal filed a Motion to Enforce Settlement on July 17, 2019, which was granted on August 12, 2019. On September 23, 2019, Defendants Mercedes and Mercedes PS filed a Motion to Tax Costs.

  • Hearing

    Nov 14, 2019

  • Type

    Contract

  • Sub Type

    Breach

LEON RBIBO VS GENERAL MOTORS LLC., A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

On February 9, 2019, Plaintiff filed his Complaint against Defendants General Motors, LLC (“GM”) and Casa De Cadillac (together, “Defendants”) alleging four cases of action: (1) violation of Song-Beverly Consumer Warranty Act, (2) breach of implied warranty, (3) negligent repair, and (4) misrepresentation. On May 2, 2019, GM demurred to Plaintiff’s complaint and moved to strike punitive damages.

  • Hearing

    Nov 07, 2019

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ELVIA MARTINEZ VS FCA US LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

Based on the foregoing, Defendant’s demurrer to the fourth cause of action for negligent repair is SUSTAINED with 20 days’ leave to amend. Moving party to give notice.

  • Hearing

    Oct 30, 2019

  • Type

    Contract

  • Sub Type

    Breach

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