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In Canesco v. Ford Motor Co., No. 3:21-cv-00425-BEN-RBB, 2021 U.S. Dist. LEXIS 213644, at *32-33 (S.D. Cal. Nov. 4, 2021), Judge Benitez engaged in a thorough analysis of Song-Beverly's remedies in order to determine whether the amount in controversy required for federal jurisdiction was satisfied. The Court finds that this purchase price must be reduced by both the amount of… Read More

In Niedermeier v. Fca Us Llc, No. B293960, 2020 Cal. App. LEXIS 1035 (Ct. App. Oct. 30, 2020), the Court of Appeal reduced a plaintiff’s lemon law verdict by the value the Plaintiff received for trading in the vehicle. Defendant FCA US LLC, an automobile manufacturer,1 appeals from a judgment in favor of plaintiff Lisa Niedermeier. Plaintiff brought claims under… Read More

In Madadian v. Maserati N. Am., No. B293688, 2020 Cal. App. Unpub. LEXIS 3249, at *10-14 (May 26, 2020) , the Court of Appeal for the Second District held in an unpublished opinion that the costs a consumer incurred in exercising a lease-end purchase price were not recoverable as the "purchase price" under the Song-Beverly Act. 3. The vehicle purchase… Read More

In Gonzalez v. Ford Motor Co., No. LA CV 19-00652 PA (ASx), 2019 U.S. Dist. LEXIS 185279 (C.D. Cal. Oct. 23, 2019), Judge Anderson held that a vehicle manufacturer need not reimburse the consumer for negative equity financed into the RISC. Finally, Plaintiff argues Ford's repurchase offer was "less than 50% the amounts he had paid for the vehicle." (P.… Read More

In Gomez v. Mercedes-Benz USA, LLC, 2018 WL 987398, at *6–7 (Mich.App., 2018), the Michigan Court of Appeals found that continued use of a vehicle after revocation of acceptance of non-conforming goods renders the revocation ineffective. Generally, if the buyer rejects the goods he is in possession of, he “is under a duty after rejection to hold them with reasonable… Read More

It seems a bit granular to go up to the Court of Appeal, but in Kirzhner v. Mercedes-Benz USA, LLC, 2017 WL 5664371, at *3 (Cal.App. 4 Dist., 2017), the Court of Appeal held in an unpublished decision that Song-Beverly restitution does not include registration renewal fees. Although the list is nonexhaustive, the examples give guidance as to what constitutes… Read More

In Clayton v. Ford Motor Company, 2017 WL 2859628 (4th Dist., Div. 2 2017) (unpublished), the California Court of Appeal affirmed the trial court's cut of a consumer's attorney fee request in a Song-Beverly case, finding that the trial court properly set the consumer lawyers' rate at $275/hour and reduced the fee claim for work done on matters for which… Read More

In Goglin v. BMW of North America, LLC, 2016 WL 6135482, at *5–6 (Cal.App. 4 Dist., 2016), the Court of Appeal held that a so-called Benson response to a CLRA letter does not immunize an auto dealer/manufacturer from attorneys' fees incurred to prosecute a claim under the Song-Beverly Act. Both BMW North America and BMW San Diego contend Goglin is… Read More

In Daniel v. Ford Motor Co., 2015 WL 7740646, at *2-4 (9th Cir. 2015), the Court of Appeals for the 9th Circuit stated that "The focus of this case is whether Ford Motor Company sold the plaintiffs a pig in the poke."  Cute. But, they felt the need to footnote what the quote actually meant: The English colloquialisms such as… Read More

In Peterson v. Mazda Motor of America, Inc., --- F.Supp.3d ----, 2014 WL 4494872 (C.D.Cal. 2014), Judge Carter applied a narrow intepretation of the California Court of Appeal’s Mexia decision that had expanded the time during which a consumer can bring a breach of implied warranty claim. Mazda argues that Ms. Peterson's Song– Beverly claims fails because the allegation that… Read More

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