Levy

Levy v. Toyota Motor Sales, U.S.A., Inc.

Bad Law
1992 Cal. App. LEXIS 343·4 Cal. App. 4th 807·5 Cal. Rptr. 2d 770·92 Daily Journal DAR 3629·92 Cal. Daily Op. Serv. 2337
Court of Appeal of CaliforniaMarch 17, 1992B050684California3,242 words

Opinion

Opinion

Danielson, J.

Plaintiff and appellant Salomon Levy (Levy) appeals from the order granting the motion to tax costs brought by defendants and respondents Toyota Motor Sales U.S.A., Inc., and Hollywood Toyota, following entry of judgment in favor of Levy and against respondents in the amount of $22,619.52, in an action for breach of express and implied warranties, violation of the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act ( 15 U.S.C. § 2301 et seq.) (Magnuson-Moss Act), violation of the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.) (Song-Beverly Act), and rescission of contract. Levy sought costs in the amount of $142,002.95; he was granted $33,412.54. The trial court also denied his request for additional attorney fees incurred in conjunction with the motion to tax costs. We affirm.

Facts

In his complaint, Levy alleged that in November 1987, he purchased a 1988 Toyota from Hollywood Toyota for $17,448 The vehicle was distributed by Toyota, and was expressly warranted to be free from defects. After driving the vehicle for 4,277 miles, Levy discovered the brake components were defectively manufactured, designed or assembled. His attempts to revoke…

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