Kwan

Kwan v. Mercedes-Benz of North America, Inc.

Good Law
1994 Cal. App. LEXIS 218·23 Cal. App. 4th 174·28 Cal. Rptr. 2d 371·94 Daily Journal DAR 3343·23 U.C.C. Rep. Serv. 2d (West) 99
Court of Appeal of CaliforniaMarch 11, 1994A059251California7,642 words

Opinion

Opinion

Werdegar, J.

Anthony Kwan sued Mercedes-Benz of North America, Inc. (MBNA) for violation of the refund-or-replace provision of the Song-Beverly Consumer Warranty Act (the Act) (Civ. Code, §§ 1790, 1793.2, subd. (d)(2)), arising out of Kwan’s purchase of a new Mercedes-Benz. Kwan received a jury award of $186,000. MBNA appeals, claiming the court erred in its instructions defining a “willful” violation of the Act for purposes of its civil penalty provision (§ 1794, subd. (c)) and in allowing the jury to award damages for Kwan’s emotional distress. We reverse in part and remand for a limited new trial on damages.

Facts

Kwan bought a 1989 300E series Mercedes-Benz at European Motors, Ltd. (European Motors or the dealership) on October 30, 1989, for $46,370.24. The car had a four-year, fifty-thousand-mile warranty. Before the car was delivered to the dealership, MBNA’s vehicle preparation center had repaired a dent in the door and replaced a damaged radio and surrounding wood console. Before sale, the dealership again replaced the radio, which was malfunctioning.

Kwan first brought the car back to European Motors for repair on November 20, complaining of a gurgling sound coming from…

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