Towns

Introduction, Background, sections II-III (standing and damages) of the Discussion, and the Disposition are certified for publication.

INTRODUCTION

The Song-Beverly Consumer Warranty Act (the Act) allows the buyer of a defective car to obtain restitution from the car’s manufacturer. (Civ. Code, §§ 1793.2, 1794.)1 But what if the buyer is not the person who drives the car; may the driver also obtain restitution under the Act? And what if the car is wrecked in a collision before the manufacturer provides restitution; may the manufacturer subtract any insurance payout received by the buyer from its own restitution payment? We conclude the answer to these questions is no. Appellants/cross-respondents Daevieon Towns (Towns) and his wife Lashona Johnson (Johnson) filed a complaint against respondent/cross- appellant Hyundai Motor America (Hyundai), alleging violations of the Act. Towns and Johnson prevailed at trial but did not receive all the damages they requested. They now appeal the trial court’s decision to reduce their damages award by the amount of an insurance payment they received when their car was totaled, along with the amount of prejudgment interest and costs awarded.…