Outboard Marine Corp. v. Superior Court

Petitioners Outboard Marine Corporation and William France (hereafter OMC) seek a writ of mandate directing the respondent superior court to vacate its order overruling petitioners’ demurrer to the first amended complaint and to sustain the demurrer with leave to amend.

We are called upon to construe both the substantive and procedural provisions of the California Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.) which proscribes certain unfair or deceptive practices and provides for damages. Petitioner OMC manufactures an off-road vehicle known as a Cushman Trackster. Petitioner France is a regional sales representative of OMC. Real party in interest Roy Howarth (hereafter Howarth) and all others similarly situated are alleged purchasers of the trackster.

Howarth filed a class action pursuant to Code of Civil Procedure section 382 against petitioners alleging in one cause of action fraudulent concealment of dangerous defects and false representation as to the capabilities of the vehicle.

Petitioners’ demurrer to the original complaint asserted the Consumers Legal Remedies Act provided the exclusive remedy in an action involving deceptive representation, and…