California Supreme Court Watch

Feb 27, 2018
#18-35 Kirzhner v. Mercedes-Benz USA, LLC, S246444. (G052551; 18 Cal.App.5th 453; Orange County Superior Court; 30-2014-00744604.)

#18-35 Kirzhner v. Mercedes-Benz USA, LLC, S246444. (G052551; 18 Cal.App.5th 453; Orange County Superior Court; 30-2014-00744604.) Petition for review after the Court of Appeal affirmed an order for restitution in a civil action. This case presents the following issue: When a consumer chooses restitution as a remedy for a defective vehicle under the Song-Beverly Consumer Warranty Act (Civ. Code, ยง 1790 et seq.), is the consumer entitled to receive registration fees paid after the time of sale as part of the restitution payable under Civil Code sections 1794 and 1793.2(d)(2)(B)?

Review granted: 02/21/2018

See the California Court of Appeal opinion.