Darryl J. Horowitt and Dania Alvarenga recently obtained a partial summary judgment in a lemon law claim. In the action, the firm's client, a manufacturer of recreational vehicles, was sued by a limited liability company that had purchased the RV for use by it's members. Claims were brought under California's Song-Beverly Consumer Warranty Act as well as the federal Magnuson-Moss Consumer Warranty Act. Motion to dismiss was brought seeking the dismissal of the members of the LLC on the grounds they were not proper parties of the action. That motion was granted. Once the members of the LLC were dismissed, a motion for partial summary judgment was brought to obtain dismissal of the claims under Song-Beverly. That motion was granted. Plaintiff had purchased the vehicle in California but had taken delivery outside the state. Motion was thus based, in part, on the out-of-state delivery. Court did not accept this argument. Instead, it focused on the fact that a limited liability company had purchased an RV is not a consumer under Song-Beverly thus not entitled to its protection.
< Back