Cummins, Inc. v. Superior Court

Law Offices of Lawrence J. Hutchens, Lawrence J. Hutchens and Michael S. Humphries, Bellflower, for Real Parties in Interest.

GAUT, Acting P.J.

We hold that Civil Code section 1793.2, subdivision (d), [1] a provision of the Song-Beverly Consumer Warranty Act (the Act), section 1790 et seq., may be applied to a manufacturer whose goods are sold in this state even though the particular good in question was purchased in another state. We conclude, therefore, that the defendant manufacturer's motion for summary adjudication was properly denied by the trial court, and we, in turn, deny the manufacturer's petition for writ of mandate.

Real parties in interest Edward and Sandi Cox (plaintiffs) purchased a Winnebago motor home equipped with a Cummins, Inc. (Cummins) engine in the state of Idaho. In connection with the sale, plaintiffs allege that they received an express warranty. They took possession of the motor home in Idaho and drove it back to their home in Riverside. They allege that the motor home does not conform to the express warranty and that its engine was defectively manufactured, designed or assembled. Plaintiffs brought it in for warranty repairs to Cummins's and…