Brown

I.

INTRODUCTION

In May 2008, Todd Brown purchased a used vehicle, a 2004 Toyota 4Runner,

(4Runner) from K Motors, Inc. (Toyota of El Cajon).1 In March 2009, Brown filed this

action against Toyota of El Cajon alleging six causes of action: violation of the Car

K Motors, Inc. is apparently the legal name of the car dealership. Buyer's Bill of Rights (Veh. Code, § 11713.18)2 (first cause of action); violation of the

Consumers Legal Remedies Act (CLRA) (Civ. Code, § 1750 et. seq.) (second cause of

action); negligence (third cause of action); breach of contract (fourth cause of action);

unjust enrichment (fifth cause of action); and violation of the Song-Beverly Consumer

Warranty Act (Song-Beverly) (Civ. Code, § 1790 et seq.) (sixth cause of action).

During a jury trial, after Brown had rested his case, subject to the admission of his

exhibits, Toyota of El Cajon filed a motion for nonsuit as to each of Brown's six causes

of action. The trial court granted the motion as to the first five causes of action in

Brown's complaint, but denied the motion as to Brown's Song-Beverly claim. The jury

subsequently returned a verdict in favor of Toyota of…