Robertson

Plaintiffs Loma and Francis Robertson sued defendant Fleetwood Travel Trailers of California, Inc. (Fleetwood), under the Song-Beverly Consumer Warranty Act (the Song-Beverly Act) (Civ. Code, § 1790 et seq.), based on a persistent water leak in their new Fleetwood travel trailer that was not repaired within a reasonable number of attempts. After extensive water accumulation was discovered in the underbelly of the trailer, the Robertsons concluded enough was enough and demanded that Fleetwood repurchase the trailer. Fleetwood did not do so, insisting it should be given an opportunity to repair the water damage. A jury found that Fleetwood violated the refund-or-replace provisions of the Song-Beverly Act and awarded the Robertsons damages of $22,000, plus a civil penalty of $16,000 for Fleetwood’s “willful” failure to comply with its statutory obligations. The trial court awarded attorney fees in the sum of $231,187.45. Defendant Fleetwood appeals, primarily contending it had no obligation to repurchase or replace the trailer under the Song-Beverly Act because it was never given a reasonable opportunity to repair the water damage, which it views as a separate matter from…