X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
California’s lemon law applies only to vehicles bought within California, the state Supreme Court ruled Monday. “The phrase ‘a buyer of this product in California’ indicates that the Legislature believed those rights applied only to a buyer who purchased the product in California,” Chief Justice Ronald George wrote for a unanimous court. The lemon law, adopted in 1982 as part of the Song-Beverly Consumer Warranty Act, requires auto dealers to replace any car that has repeatedly malfunctioned or to reimburse the buyer in an amount equal to the purchase price. Edward and Sandi Cox had contended that the law applied to a Winnebago motor home — equipped with a Cummins Inc. engine — that they bought in Idaho. After the vehicle proved irreparable, they sued both companies, seeking damages of nearly $286,000, attorneys fees and a civil penalty, allowed by the lemon law, of twice the actual damages. Riverside County Superior Court Judge Dallas Holmes denied the companies’ summary judgment motion, but the Fourth District Court of Appeal reversed in 2003, saying that the lemon law applied to vehicles sold outside California as long as repair attempts were made inside the state. The high court reversed. “Although the act treats motor vehicles differently from other types of consumer goods in several ways,” George wrote, “we find no indication that the Legislature intended to treat motor vehicles differently with respect to the limitation on the act’s coverage to goods sold in California.” If the law applied to items sold outside the state, he continued, “uncertainties would be created as to the precise reach of the law.” The ruling is Cummins v. Superior Court ( Cox), 05 C.D.O.S. 6264.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.