California Court of Appeal

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Dagher v. Ford Motor Co., D065963

In a suit arising out of the purchase of a used car, alleging violations of the Song-Beverly Consumer Warranty Act, Civ. Code section 1790 et seq., and contending that the warranty repairs attempted by the dealer were unsuccessful and plaintiff is entitled to the statutory remedies in the Act, the same as the original purchasers could have sought, including restitution, damages, and civil penalties, the trial court's order is: 1) affirmed as to summary judgment where plaintiff has no standing to sue under the Act; and 2) reversed and remanded for further proceedings where the trial court did not properly exercise its discretion on the amendment of the complaint issue that would allow plaintiff to assert a new cause of action on the same facts, for breach of express warranty under the federal "lemon law," the Magnuson-Moss Warranty Act, 15 U.S.C. section 2301 et seq., Code Civ. Proc. section 473.

Appellate Information

  • Decided 07/17/2015
  • Published 07/17/2015

Judges

  • HUFFMAN

Court

  • California Court of Appeal

Counsel

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