California Court of Appeals, Fourth District, Third Division
Cal.Rptr.3d 485] Appeal from a judgment of the Superior Court
of Orange County, Melissa R. McCormick, Judge. Affirmed.
(Super. Ct. No. 30-2016-00866822)
& Shannon, Jon D. Universal and James P. Mayo, Sacramento,
for Defendant and Appellant.
Barry & Babbitt, Hallen D. Rosner and Arlyn L. Escalante, San
Diego; Consumer Law Experts, Jessica Anvar and Michael M.
Ouziel for Plaintiff and Respondent.
Song-Beverly Consumer Warranty Act (Civ. Code, � 1790 et
seq.; the Song-Beverly Act) provides enhanced remedies to
consumers who buy new consumer goods accompanied by a
manufacturer’s express warranty. (� 1793.2.) It also
provides for an implied warranty of merchantability. (� �
1791.1, subd. (c), 1792.) The same protections generally
apply to sale of used goods accompanied by an express
warranty, except that the distributor or retail seller is
bound, as opposed to the manufacturer, and the duration of
the implied warranty of merchantability is much shorter. (�
case involves the sale of a certified preowned Mercedes Benz
that still had a portion of the new vehicle warranty
remaining, and which was accompanied by an additional used
vehicle warranty issued by the manufacturer. An uncurable
defect manifested after the expiration of the new vehicle
warranty, but during the duration of the used vehicle
warranty. Mercedes Benz refused to repurchase the vehicle,
and the plaintiff sued. A jury found Mercedes Benz liable
under the Song-Beverly Act for breach of both the express
warranty and the implied warranty of merchantability, and,
pursuant to the stipulation of the parties as to the amount
of damage, awarded the same compensatory damages on both
causes of action. The court entered judgment
on the jury’s special verdict after striking the damages for
breach of the implied warranty, presumably to avoid a double
recovery. Mercedes Benz appealed.
Cal.Rptr.3d 486] We conclude the jury’s verdict on the breach
of express warranty was sound. Although the Song-Beverly Act
generally binds only distributors and retail sellers in the
sale of used goods, we conclude Mercedes Benz stepped into
that role by issuing an express warranty on the sale of a
used vehicle. Accordingly, we affirm the judgment.
2014 plaintiff Justin Kiluk bought a certified pre-owned
Mercedes-Benz vehicle for an out-the-door price of
$121,922.23. The vehicle had 9,568 miles on it. It was
purchased from ...