Jernigan

This appeal presents a single question regarding the interpretation of the Song-Beverly Consumer Warranty Act (the Act), Civil Code section 1790 et seq. Specifically, we are asked to determine whether, in an action concerning a new motor vehicle, the buyer can recover civil penalties from the manufacturer for a willful violation of the Act if the manufacturer maintains a qualified third party dispute resolution process pursuant to statute. The trial court found that in those circumstances civil penalties may not be recovered. We disagree, and reverse the judgment.

Factual and Procedural Summary

Appellant Mary Jernigan bought a new motor vehicle from Ford in 1990. In 1991 she filed this lawsuit, alleging that the motor vehicle did not conform to the warranty, that the motor vehicle had not been brought into conformity with the warranty after a reasonable number of attempts at repair, and that Ford willfully violated the Act by failing to replace or repurchase the motor vehicle. Jernigan sought actual damages, a civil penalty of two times the actual damages, and attorney fees.

Prior to trial, the parties sought a ruling on the claim for civil penalties. Their positions…