California Court of Appeal

In an action for breach of the implied warranty of merchantability based on an allegedly defective boat, the dismissal of the complaint on statute of limitations grounds is reversed, where the Song-Beverly Consumer Warranty Act merely creates a limited, prospective duration for the implied warranty of merchantability; it does not create a deadline for discovering latent defects or for giving notice to the seller.

Appellate Information

• Decided 06/15/2009
• Published 06/15/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Rene Korper, Rene Korper and Sophie A. Hubscher for Plaintiff and Appellant.


• For Appellees:
  
• Cummings, McClorey, Davis, Acho & Associates and Sarah L. Overton, Riverside, for Defendants and Respondents.