Kirzhner

Kirzhner v. Mercedes-Benz USA, LLC

Good Law
18 Cal. App. 5th 453·226 Cal. Rptr. 3d 296
Court of Appeal of CaliforniaNovember 27, 2017G052551California1,545 words

Opinion

lead Opinion

Thompson, J.

*455 This case under the Song-Beverly Consumer Warranty Act ( Civ. Code, § 1790 et seq., Act), concerned an allegedly defective car which could not be repaired after multiple attempts. Plaintiff Allen Kirzhner accepted an offer of compromise pursuant to Code of Civil Procedure section 998 (998 offer) from defendant Mercedes-Benz USA, LLC, including a restitution provision identical to Civil Code section 1793.2, subdivision (d)(2)(B) ( section 1793.2(b)(2)(B) ; all further statutory references are to the Civil Code).

The court awarded plaintiff over $47,000 in accordance with the 998 offer.

Plaintiff appealed and asserts the court erred because it denied him recovery of approximately $680 in vehicle registration renewal and certificate of nonoperation fees which he incurred in the years after he first leased the car.

We conclude the court properly determined section 1793.2(b)(2)(B) does not require payment of vehicle registration renewal fees and related costs incurred after the initial purchase or lease. Accordingly, we affirm.

*456 FACTS

In June 2012, plaintiff leased a Mercedes-Benz from defendant for personal use. The complaint alleged the car came with an express written…

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