Carlson
Carlson v. Monaco Coach Corp.
Opinion
Opinion
Karlton, J.
ORDER
Plaintiffs, Steve and Tara Carlson and Karen Pearson, bring a breach of warranty suit against Monaco Coach Corporation (defendant). Plaintiffs’ complaint arises from a sales transaction in which defendant sold plaintiffs a 2004 Dynasty recreational vehicle (“vehicle”), which was manufactured and warranted by defendant.
Although suit was filed in 2005, there has been no substantive law and motion practice. A pretrial conference was held on February 12, 2007 and a pretrial order was issued on March 21, 2007. At the pretrial conference, plaintiffs requested and were granted leave to file a motion to revive their claim pursuant to the California Song-Beverly Act. That motion is now pending before the court.
I.
BACKGROUND
A. Relevant Factual Allegations
On September 29, 2003 plaintiffs entered into a sales contract with DeMartini’s RV Sales (seller) for the purchase of a recreational vehicle. The contract was executed in Grass Valley, California, for a total price of $356,416.00. The contract provided that “seller agrees to deliver the vehicle to you on the date this contract is signed by Seller and you.” See Contract, Ex. A of Tara Carlson Decl. Plaintiffs made a down…