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Warranty

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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Niedermeier v. FCA US LLC (2024) 2024 Cal. LEXIS 1075

The Song-Beverly Warranty Act requires new car manufacturers to provide restitution of the purchase price to the buyer of a defective car.  (Civ. Code 1793.2(d)(2)(B).)  This decision holds that if the buyer trades in or sells the defective car. the trade in credit or resale price is not deducted from the restitution that the manufacturer must pay, at least when… Read More

Kielar v. Superior Court (2023) 94 Cal.App.5th 614

Agreeing with Montemayor v. Ford Motor Co. (2023) 92 Cal.App.5th 958 and other recent cases refusing to follow Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, this decision holds that a standard California car sale contract with an arbitration clause does not require the car buyer to arbitrate his warranty claims or Song Beverly Act claims against the car's… Read More

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