Yousafzai
Yousafzai v. Hyundai Motor America
Opinion
Opinion
Johnson, J.
from superior court to municipal court after determining the amount at stake was insufficient for superior court jurisdiction. Plaintiff appealed. We hold this order is reviewable solely through a writ proceeding and thus dismiss the appeal.
Facts and Proceedings Below
Appellant and plaintiff, Niaz A. Yousafzai, purchased a new 1989 Hyundai Excel GLS automobile in April of 1989. The automobile was distributed by defendant and respondent Hyundai Motor America and the purchase was accompanied by various warranties. After the purchase, the appellant returned the automobile to the respondent on at least five occasions for servicing and repairs. Each time the automobile was returned to appellant it consistently failed to conform to the warranties originally given by the respondent.
Appellant then demanded complete restitution from the respondent. Appellant received no response to his demand.
On February 11, 1991, appellant filed a breach of warranty lawsuit in Los Angeles Superior Court. The complaint contained several causes of action, including breach of implied and express warranties, rescission of contract, and violations of the Song-Beverly Consumer Warranty Act and…