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Wilson Turner Kosmo Prevails in Appellate Decision Narrowing the Scope of California's Lemon Law

Posted By Renecca Allen, Wednesday, August 26, 2015

In March 2015, Robert K. Dixon of WTK won a summary judgment motion in a California state court breach of warranty action for a products manufacturer.  The motion asserted that the plaintiff lacked standing under the Song-Beverly Consumer Warranty Act because he purchased the vehicle from a private seller.  To have standing under Song-Beverly, the plaintiff must show he is a “buyer,” which is basically defined as one who buys a vehicle from a retail seller.  Plaintiff appealed the ruling granting summary judgment.  In July 2015, the Court of Appeals agreed with the trial court’s decision that the plaintiff did not qualify as a buyer since he bought the vehicle from a private seller, not a retail seller.  [ Read more...]

Robert K. Dixon 

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