California Court of Appeal

In an appeal from the judgment of the trial court vacating the jury's verdict in favor of plaintiff and granting defendant's motions for a non-suit and a directed verdict on civil penalties for violation of the refund-or-replace provision of the Song-Beverly Consumer Warranty Act, Civ. Code sections 1790, 1793.2(d)(2), judgment is reversed with directions where subject vehicle qualifies as a "new motor vehicle" within the meaning of the Act and plaintiff submitted sufficient evidence of willful conduct to allow the jury to decide whether or not to award civil penalties.

Appellate Information

• Decided 09/06/2011
• Published 09/06/2011

Judges

• HOCH

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steve Mikhov, Kevin J. Tully