In Galicia v. Country Coach, Inc. 2009 WL 1144224 (9th Cir. 2009), an unpublished opinion, the Court of Appeals for the Ninth Circuit held that deliver of an RV outside the state of California prevented application of the Song-Beverly Consumer Warranty Act to the transaction.


The district court did not err in granting McMahon’s summary judgment. The Galicias‘ Song-Beverly Consumer Warranty Act (“ Song-Beverly”) claim against McMahon’s could proceed only if McMahon’s sold the Galiciasa motorhome in California. Cal.Civ.Code § 1793.2(a)(1)(A). A “sale” occurs under Californialaw at the time title to the goods passes from the seller to the buyer. Cal. Civ.Code § 1791(n). California Commercial Code Section 2401(2) provides the default rules for passage of title-“[u]nless otherwise explicitly agreed[,] title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods … even though a document of title is to be delivered at a different time or place.”See also Cal. State Electronics Ass’n v. Zeos Int’l LTD., 41 Cal.App. 4th 1270, 1276 (Cal Ct.App.1996) (Section 2401 determines where title passes for Song-Beverly purposes). If the pur-chase/sales contract requires or authorizes the seller to send the goods to the buyer, but does not require the seller to deliver them at a specific destination, title passes to the buyer at the time and place of shipment. Cal. Comm.Code § 2401(2)(a). This type of contract is referred to as a “shipment contract.” If the contract requires delivery at a specific destination, however, title passes on tender at that destination. Cal. Comm.Code § 2401(2)(b). This is called a “delivery” or “destination” contract. The record indicates that McMahon’s and the Galiciasentered into a destination contract. The parties agreed that McMahon’s would deliver the motorhome to the Galicias at the Ehernberg, Arizona “Flying J”-a specific location outside California-preventing the sale from being a California sale. Song-Beverly therefore does not apply.