Isip

In this action for breach of written and implied warranties in the sale of a car, defendant and appellant Mercedes-Benz USA, LLC (MBUSA), appeals from a judgment following a jury trial in favor of plaintiff and respondent Marisa Isip (Isip) in the amount of $20,000. MBUSA contends the trial court erred by refusing its proposed jury instruction on the implied warranty of merchantability. We conclude there was no instructional error and affirm the judgment.

FACTS AND PROCEDURAL BACKGROUND

On June 21, 2004, Isip purchased a 2004 Mercedes-Benz C320 from a Mercedes-Benz dealership. She paid $46,797.84, with financing, and no downpayment. She received a four-year/50,000-mile bumper-to-bumper warranty. The warranty provided that any authorized center “will make any repairs or replacements necessary to correct defects in material or workmanship arising during the warranty period.”

Isip began to experience problems with the car after driving it for 3,900 miles. The problems she experienced during the first year of ownership included the following. The air-conditioning emitted an offensive smell every time it was turned on, giving Isip a headache and making her sister sneeze.…