Defense Verdict for Automobile Manufacturer in California Consumer Warranty Trial
October 18, 2019 (Santa Ana, CA) – Hawkins Parnell & Young secured a defense verdict for a major automobile manufacturer in a lemon law case. The two week trial was before the Honorable Deborah C. Servino in the California Superior Court for Orange County.
This case arose when the plaintiff filed a lawsuit under the Song-Beverly Consumer Warranty Act for breach of express and implied warranties. The plaintiff alleged the breaches resulted from a defect in her vehicle, substantially impairing its use, value, or safety. Although the plaintiff presented evidence of warranty repairs that she claimed caused her vehicle to be out of service for 99 days, HPY’s client provided significant evidence showing that a national backorder of the part made the delay reasonable. HPY’s client also presented evidence the plaintiff was never made aware of their offer to repurchase the vehicle. The judge agreed that the evidence showed no breach of obligations under the Song-Beverly Consumer Warranty Act, returning a defense verdict for HPY’s client.
Plaintiff was represented by David Barry of the Barry Law Firm. Plaintiff’s expert at trial was Randall Bounds. Testifying for the defense was Michael Schultz, an automotive expert.