California Appellate Tracker

Bowser v. Ford Motor Co., No. E073609, 2022 Cal. App. LEXIS 403 (Ct. App. May 11, 2022)

May 21, 2022

Assuming that it is unconstitutional to award statutory penalties for the same wrongful conduct that is also a basis for a punitive damage award, this decision holds that the jury’s award of punitive damages for fraud and statutory double damages under the Song-Beverly Act did not offend that rule. The punitive damages were for misrepresentations that induced purchase of the defective truck, while statutory damages were for post-sale willful failure to repair the defects that Ford’s dealer had fraudulently said the truck didn’t have.

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California Appellate Tracker

Bowser v. Ford Motor Co., No. E073609, 2022 Cal. App. LEXIS 403 (Ct. App. May 11, 2022)

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