Sherman Bahr v. Canon USA, Inc.

MEMORANDUM

Sherman Bahr, the owner of Video One Repair, appeals the district court’s dis missal of his claims under the Song-Beverly Act, Cal. Civ. Code § 1790 et seq., the Cartwright Act, Cal. Bus. & Prof. Code § 16720 et seq, and the California Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200 et seq. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s dismissal of these claims.

1. Bahr argues that Section 1798.03 of the Song-Beverly Act, Cal. Civ. Code § 1793.03 , requires manufacturers of certain electronics to supply all “service and repair facilities” with repair parts and service manuals for at least seven years after the date of manufacture. The Act’s text, however, suggests that this section was not meant to apply to all repair facilities. Although the phrase “service and repair facilities” is not defined in the Act, other sections of the Act clearly indicate that this phrase refers to the manufacturer’s facilities or to authorized-independent facilities, but not to unauthorized facilities like Bahr’s. Indeed, several provisions of the Act address “service and repair facilities” that are operated or authorized by the…