Lofing

This case centers on the rights of a purchaser of a defective piano. Defendant and cross-complainant Dan Lofing (Lofing) purchased a Steinway grand piano from Sherman Clay & Co. (Sherman Clay), Steinway & Sons’ (Steinway) Sacramento dealer, and received financing through Sherman Clay’s finance company, Music Acceptance Corporation (MAC). Lofing became disenchanted with his piano after a variety of problems with the instrument became apparent. When his complaints to Steinway and Sherman Clay were not resolved, Lofing stopped making payments to MAC. MAC sued Lofing and his cosigner, Yumi Sim Cooper, for breach of contract. Lofing responded by filing a cross-complaint against MAC, Steinway, and Sherman Clay, alleging a number of causes of action, including violations of state and federal consumer protection laws.

The jury found in Lofing’s favor on the cross-complaint, awarding him $8,550 against Steinway and $15,650 against Sherman Clay. However, the jury also found in MAC’s favor on the complaint, awarding it $23,675 in damages, resulting in a net award to Lofing of $525. Lofing filed numerous motions for postjudgment relief, asserting the verdicts were inconsistent as a…