California Court of Appeal

In an action brought by a plaintiff-buyer against the manufacturer of a boat he purchased asserting claims for breach of express warranty and implied warranty of merchantability, jury verdict in favor of defendant-manufacturer is affirmed where: 1) there was substantial evidence to support the jury's finding that defendant had successfully repaired the boat to conform with a limited express warranty; and 2) the jury's finding, that plaintiff's boat complied with trade or industrial standards when concluding there was no implied breach of warranty, was a matter within the jury's exclusive province.

Appellate Information

• Decided 06/06/2008
• Published 06/06/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Korper & Shefter, René Korper, Bret A. Shefter;  Law Offices of René Korper and René Korper, for Plaintiff and Appellant.


• For Appellees:
  
• Beam, Brobeck, West, Borges & Rosa and Donald S. Zalewski, Santa Ana, for Defendant and Respondent.