Orichian

Tamar Orichian purchased a new 2007 BMW X5 automobile from a BMW dealership. BMW of North America, LLC, expressly warranted the vehicle against defects in materials or workmanship, agreeing to repair or replace any defective parts. Plaintiff .filed a complaint for breach of warranty under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.) (Song-Beverly) and the federal Magnuson-Moss Warranty Act ( 15 U.S.C. § 2301 et seq.) (Magnuson-Moss) alleging that defendant failed to repair certain defects after several attempts. The trial court concluded that plaintiff’s count for breach of express warranty under Song-Beverly supplanted her count for breach of written warranty under Magnuson-Moss and instructed the jury on a single count for breach of express warranty under Song-Beverly. The jury returned a defense verdict.

Plaintiff contends her count for breach of written warranty under Magnuson-Moss is not limited or supplanted by Song-Beverly, and the refusal of her proposed instructions under Magnuson-Moss was prejudicial error. We conclude that the refusal of her proposed instmctions was error, but we conclude on this record that the error was nonprejudicial.…