Suman

Plaintiff Martin Suman (plaintiff) appeals from a judgment rendered after a jury trial in which the trial court construed, in favor of defendant BMW of North America, Inc. (defendant), certain civil penalty provisions of the Song-Beverly Consumer Warranty Act. On appeal, plaintiff challenges the trial court’s construction of those provisions. Defendant defends the trial court’s construction and disputes the plaintiffs right to make those challenges. We find (1) plaintiff did not waive his right to challenge the court’s ruling and (2) the trial court erred in construing the civil penalty provisions. We reverse the judgment insofar as it awarded plaintiff zero dollars in civil penalties pursuant to the jury’s special verdict and we remand this case for retrial on the issue of penalties.

Procedural and Factual Background

On September 5, 1989, plaintiff filed this action against defendant and against a local car dealership and an automotive financing company. The latter two defendants were later dismissed from the suit. According to the complaint, in June 1987 plaintiff purchased a certain 1988 model vehicle manufactured by defendant (the car). Defendant provided an express…