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Waiver of Song-Beverly Act Rights in Settlement Agreement

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Rheinhart v. Nissan N. Am., No. D079940, 2023 Cal. App. LEXIS 484 (Ct. App. June 27, 2023)

The Song-Beverly Act (Civ. Code 1790.1) renders any waiver of its provisions contrary to public policy, unenforceable and void.  This decision holds that while the antiwaiver provision does not bar all settlement agreements resolving Song-Beverly Act claims, it did invalidate the waiver of Song-Beverly Act rights in the pre-litigation settlement agreement in this case because there was no evidence that… Read More