Suman

This case presents the novel question of how a jury should be instructed regarding imposition of statutory civil penalty damages under California’s so-called “lemon law” enacted to protect consumers against a manufacturer’s failure to honor warranty obligations. Civil penalties are authorized for both willful and nonwillful misconduct. We deal here with an award based on the latter.

In this mandamus proceeding, petitioner and plaintiff Martin Suman (plaintiff), seeks relief from the trial court’s decision to revoke an order it had previously made in contemplation of the partial retrial of this case. That order was made pursuant to this court’s earlier determination that plaintiff may be entitled to mandamus relief regarding certain issues in the retrial of the civil penalties portion of his case against real party in interest and defendant BMW of North America, Inc. (defendant). A retrial of the case was made necessary by this court’s earlier reversal, in part, of a judgment entered in plaintiff’s favor against defendant and by our remand for further proceedings on the issue of civil penalties sought by plaintiff against defendant. In his appeal from that judgment,…