Leber v. DKD of Davis
Annotate this CaseJustin Leber and Katherine Neumann (collectively, Leber) sued DKD of Davis, Inc. and General Motors Company (not a party on appeal) under California's "lemon law" after buying a Silverado truck with an allegedly defective transmission. Leber alleged the Silverado was “a new motor vehicle,” and DKD and General Motors issued an ""express warranty.'" The Silverado had a defect, despite a reasonable number of repairs, and was not fit for ordinary purposes, but neither defendant replaced it or offered restitution. DKD denied the allegations, arguing Leber did not state a claim under the Act, no warranty was given, and the Silverado was sold "as is." DKD presented evidence the truck had previously been sold to another buyer, who traded it in nearly a year later. During the sale at issue here, Leber signed various documents, including a “Buyers Guide” which states the Silverado was bought “used,” “AS IS-NO WARRANTY,” and with over 10,000 miles on it. Leber opposed DKD’s motion with a combination of legal arguments and facts regarding a warranty by General Motors. Leber also proffered several opposing facts, including that the General Motors warranty was transferrable to subsequent owners, and General Motors had paid for the unsuccessful attempts to fix the alleged defect. The trial court sustained objections to some of Leber’s evidence including evidence showing how other dealers filled out the Buyers Guide to account for the transfer of a manufacturer’s warranty. Leber appealed when the trial court granted DKD's motion for summary judgment. Finding no reversible error, the Court of Appeal affirmed.
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