Joyce

Daniel Joyce sued Ford Motor Company (Ford) for violation of the refund-or-replace provision of the Song-Beverly Consumer Warranty Act (Civ. Code, §§ 1790, 1793.2, subd. (d)(2); the Act), arising out of Joyce’s purchase of a new 2005 Ford F-250 truck. 1 Ford moved for nonsuit at the close of Joyce’s case-in-chief arguing that the truck fell outside the Act’s protection because it was bought or used primarily for business purposes and had a gross vehicle weight rating of 10,000 pounds. Following a jury verdict in Joyce’s favor, the trial court granted the motion and entered judgment in favor of Ford. The trial court also granted Ford’s motion for directed verdict on the issue of civil penalties (§ 1794, subd. (c)), made following Ford’s case-in-chief, which removed this issue from the jury’s consideration.

On appeal, Joyce challenges both of these rulings. With respect to the motion for nonsuit, he argues (1) Ford’s admission that the F-250 was a “new motor vehicle” within the meaning of the Act conclusively established the matter against Ford; (2) Ford did not properly disclose this as a potential defense in response to Joyce’s discovery requests; and (3) sufficient…