Mexia

Plaintiff Jess Mexia sued Rinker Boat Company, Inc. (Rinker), and Miller’s Landing (Miller) for breach of the implied warranty of merchantability under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.) (the Song-Beverly Act). In essence, Mexia alleged that he purchased from Miller a boat manufactured by Rinker that was unmerchantable due to a latent defect, which subsequently caused the boat’s engine to corrode. He commenced his action within four years after purchasing the boat.

In support of their demurrer to the complaint, Rinker and Miller asserted that Civil Code section 1791.1, subdivision (c)—a provision of the Song-Beverly Act that defines the duration of the implied warranty of merchantability—is a one-year statute of limitations that bars Mexia’s claim. The court sustained the demurrer without leave to amend. After judgment was entered in favor of Rinker and Miller, Mexia appealed.

On appeal, Rinker and Miller concede that the duration provision is not a statute of limitations and that the applicable statute of limitations is four years. They argue, however, that the judgment can be affirmed on other grounds. Among other arguments, they…