Silvio

Silvio v. Ford Motor Co.

Good Law
109 Cal. App. 4th 1205·135 Cal. Rptr. 2d 846·2003 Cal. App. LEXIS 902·2003 Daily Journal DAR 6593·2003 Cal. Daily Op. Serv. 5228
Court of Appeal of CaliforniaJune 17, 2003No. B157741California1,206 words

Opinion

lead Opinion

Armstrong, J.

This case raises a single question concerning Civil Code section 1793.2, subdivision (d), part of the Song-Beverly Consumer *1207 Warranty Act. The statute sets forth the remedies to be afforded to consumers by any automobile manufacturer which “is unable to service or repair a new motor vehicle ... to conform to the applicable express warranties after a reasonable number of attempts, . . .” (Civ. Code, § 1793.2, subd. (d)(2).) In this case, appellants Frank M. and Charlotte Silvio gave respondents Ford Motor Company and Board Ford one chance to repair their allegedly defective Ford Explorer. Respondents moved for nonsuit on the ground that “reasonable number of attempts,” being in the plural, required that they be given at least two opportunities to repair. The trial court agreed with respondents’ reading of the statute. After the exercise of independent review on this question of statutory interpretation (People v. Duz-Mor Diagnostic Laboratory, Inc. (1998) 68 Cal.App.4th 654, 660 [ 80 Cal.Rptr.2d 419 ]), we find that the trial court correctly interpreted the statute and affirm.

Discussion

At trial, appellants presented evidence that they bought a Ford Explorer from…

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