Jensen

Lisa A. Jensen sued BMW of North America, Inc., for willful violation of the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.) and the Magnuson-Moss Warranty Act ( 15 U.S.C. § 2301 et seq.). She alleged the low-mileage 1988 BMW she leased in 1989 was subject to the manufacturer’s new car warranty, but BMW refused to replace the vehicle or refund her money when it could not repair defects in the braking system.

The jury returned a verdict in favor of Jensen and awarded her $29,351 in damages. It also imposed a $58,702 civil penalty against BMW. The court denied BMW’s motions for judgment notwithstanding the verdict and for new trial. Plaintiff and defendant appeal.

The principal issue in BMW’s appeal is whether Jensen’s vehicle is a “new motor vehicle” within the meaning of section 1793.22, subdivision (e)(2). BMW also argues the court committed instructional error and supplied the jury with a defective special verdict form, Jensen’s attorney committed misconduct by referring to the “Lemon Law” in examination and argument, the civil penalty authorized in section 1794, subdivision (c), is subject to a one-year limitations period, and there is insufficient…