Ramos v. Mercedes-Benz USA, LLCAnnotate this Case
The Court of Appeal modified the opinion, thus changing the judgment, by adding at the end of the disposition that no costs are awarded.
The court held that, under the Song-Beverly Consumer Warranty Act, popularly known as the "lemon law," a buyer may not obtain restitution of the full price he paid for a new motor vehicle, where the manufacturer failed to complete repairs to a defect within 30 days, but the defect did not substantially impair the vehicle's use, value or safety.
In this case, the jury trial resulted in a special verdict finding the car did not have a defect covered by the warranty that substantially impaired the vehicle's use, value or safety, and the car was fit for ordinary purposes, but defendants failed to complete warranted repairs within 30 days. The court held that plaintiff was only entitled to recover damages caused by the delay in repairing a nonconformity that did not substantially impair the car's use, value or safety. Therefore, the trial court correctly concluded such damages do not include the replacement-restitution remedy under Civil Code section 1793.2(d) nor do they include damages that are available when a buyer justifiably revokes acceptance of goods under section 1794, subdivision (b)(1). The court affirmed the trial court's judgment entered on the jury's verdict.