California Supreme Court Watch

#21-50 Niedermeier v. FCA US LLC, S266034. (B293960; 56 Cal.App.5th 1052; Los Angeles County Superior Court; BC638010.) Petition for review after the Court of Appeal modified and affirmed the judgment in a civil action. This case presents the following issues: (1) Does the statutory restitution remedy under the Song-Beverly Act (Civ. Code, § 1790 et seq.) necessarily include an offset for a trade-in credit? (2) If the amount that a consumer has received in a trade-in transaction must be subtracted from the consumer’s recovery, should that amount be subtracted from the statutory restitution remedy or from the consumer’s total recovery?

Review granted: 2/10/2021

Case fully briefed: 11/22/2021

See the Court of Appeal Opinion.

See the Petition for Review filed by Greines, Martin, Stein & Richland

See the Opening Brief on the Merits filed by Greines, Martin, Stein & Richland

See the Reply Brief on the Merits filed by Greines, Martin, Stein & Richland