Song-Beverly Act
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Williams v. FCA US LLC, S279051.
#23-92 Williams v. FCA US LLC, S279051. (C091902; 88 Cal.App.5th 765; Butte County Superior Court; 17CV02617.) Petition for review after the Court of Appeal reversed the judgment in a civil action. The court ordered briefing deferred pending decision in Niedermeier v. FCA US LLC, S266034
GMSR secures another Court of Appeal win holding that manufacturers cannot offset their Song-Beverly Act damages by amounts the plaintiff receives for trading in a “lemon” vehicle
The Song-Beverly Act requires car manufacturers to promptly buy back defective cars without the consumer having to sue. Consumer advocates have long argued that manufacturers may not offset damages for amounts that plaintiffs are credited when they sell or trade in a defective car under
Figueroa v. FCA USA, LLC, S277547.
#23-24 Figueroa v. FCA USA, LLC, S277547. (B306275, B308339; 84 Cal.App.5th 708; Ventura County Superior Court; 56-2018-00507038-CU-BC-VTA.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court ordered briefing deferred pending decision in Niedermeier v. FCA US LLC,
Williams v. FCA US LLC (2023) 88 Cal.App.5th 44
GMSR secures another Court of Appeal win holding that manufacturers cannot offset their Song-Beverly Act damages by amounts the plaintiff receives for trading in a “lemon” vehicle
GMSR secures split in authority before the California Supreme Court weighs in: Court of Appeal agrees with GMSR that manufacturers are not entitled to offsets for a car consumer’s resale of a “lemon”
The Song-Beverly Act requires car manufacturers to promptly buy back defective cars without the consumer having to sue. Consumer advocates have long argued that manufacturers may not offset damages for amounts that plaintiffs are credited when they sell or trade in a defective car under
Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828
GMSR secures reinstatement of client’s fraudulent inducement claims
GMSR to California Supreme Court: The Song-Beverly Act’s Express Warranty Protections Apply To Used Cars Sold With Active Manufacturer Warranties
Earlier this year, GMSR convinced the Supreme Court to grant review of Rodriguez v. FCA US LLC’s novel holding that the Song-Beverly Act’s express warranty protections don’t apply to consumers who purchase or lease used cars with active manufacturer warranties. The grant of review strips
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