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Gutierrez v. CarMax Auto Superstores California, 073215

Reversing the judgment of dismissal of a suit alleging breach of express and implied warranties, intentional and negligent misrepresentation, breach of contract, and unfair competition after they sold her a car with an undisclosed safety recall, concluding that the breach of warranty claims failed due to express limitation, but holding that they alleged sufficient facts to establish unfair or deceptive practices and a duty to disclose, establishing a cause of action.

Appellate Information

  • Decided
  • Published 2018/01/30




  • California Court of Appeal


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