Leber

Justin Leber and Katherine Neumann (collectively, Leber) sued DKD of Davis, Inc. (DKD), under California’s “lemon law,” after buying a Silverado truck with an allegedly defective transmission. Leber timely appeals from a judgment following the trial court’s order granting DKD summary judgment. We shall affirm.

BACKGROUND

In the operative complaint, Leber sued DKD and General Motors Company (not a party on appeal) under the Act. Leber alleged the Silverado was “a new motor vehicle,” and DKD and General Motors issued an “express warranty.” The Silverado has a defect, despite a reasonable number of repairs, and is not fit for ordinary purposes, but neither defendant replaced it or offered restitution.

DKD denied the allegations, pleading Leber did not state a claim under the Act, no warranty was given, and the Silverado was sold “as is.”

DKD presented evidence the truck had previously been sold to another buyer, who traded it in nearly a year later. During the sale now at issue, Leber signed various documents, including a “Buyer’s Guide,” which states the Silverado was bought “used,” “AS IS-NO WARRANTY,” and with over 10,000 miles on it. The “as is” part states: “YOU…