Taylor

I. INTRODUCTION

Michael and Robin Taylor (Plaintiffs) bought a motorhome manufactured by Thor Motor Coach, Inc. (Thor) from an independent dealer in California. Plaintiffs sued Thor for alleged breaches of warranty under California’s lemon law statute, the Song-Beverly Consumer Warranty Act

(Civ. Code,1 § 1790 et seq.; the Song-Beverly Act). Thor moved to stay the action on forum non conveniens grounds based on a forum selection clause in its warranty documents designating Indiana the exclusive forum for warranty litigation. The warranty documents also include a choice of law provision designating Indiana law. Recognizing that certain of its warranty provisions or Indiana law may provide fewer consumer protections than are afforded by unwaivable provisions of the Song-Beverly Act, Thor offered to stipulate that the act would apply in an action brought by Plaintiffs in Indiana. Based largely on this offer, the trial court granted the motion. Plaintiffs appeal. Since the trial court’s ruling, three divisions of the Second District Court of Appeal have examined the issue before us: Whether a motorhome manufacturer’s offer to stipulate to apply the Song-Beverly Act in warranty…