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Leber v. DKD of Davis, Inc.

California Court of Appeals, Third District, Yolo

May 12, 2015

JUSTIN LEBER et al., Plaintiffs and Appellants,
v.
DKD OF DAVIS, INC., Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Yolo County, No. CV09-2201 Daniel P. Maguire, Judge.

Page 403

[Copyrighted Material Omitted]

Page 404

COUNSEL

The Bickel Law Firm and Alexandra R. Byler for Plaintiffs and Appellants.

Toschi, Sidran, Collins & Doyle, David R. Sidran, Thomas M. Crowell, and Hayden S. Alfano for Defendant and Respondent.

OPINION

DUARTE, J.

Justin Leber and Katherine Neumann (collectively, Leber) sued DKD of Davis, Inc. (DKD), under California’s “lemon law, ”[1] after buying a Silverado truck with an allegedly defective transmission. Leber timely appeals from a judgment following the trial court’s order granting DKD summary judgment. We shall affirm.

BACKGROUND

In the operative complaint, Leber sued DKD and General Motors Company (not a party on appeal) under the Act. Leber alleged the Silverado was “a new motor vehicle, ” and DKD and General Motors issued an “ ‘express warranty.’ ” The Silverado has a defect, despite a reasonable number of repairs, and is not fit for ordinary purposes, but neither defendant replaced it or offered restitution.

DKD denied the allegations, pleading Leber did not state a claim under the Act, no warranty was given, and the Silverado was sold “as is.”

Page 405

DKD presented evidence the truck had previously been sold to another buyer, who traded it in nearly a year later. During the sale now at issue, Leber signed various documents, including a “Buyers Guide” which states the Silverado was bought “used, ” “AS IS-NO WARRANTY, ” and with over 10, 000 miles on it. The “as-is” part states: “YOU WILL PAY ALL COSTS FOR ANY REPAIRS. The dealer assumes no responsibility for any repairs....”

Leber opposed DKD’s motion with a combination of legal arguments and facts regarding a warranty by General Motors. Leber also proffered several opposing facts, including that the General Motors warranty was transferrable to subsequent owners, and General Motors had paid for the unsuccessful attempts to fix the alleged defect. The trial court sustained objections to some of Leber’s evidence including evidence showing ...


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