9 Cited authorities

Coleman v. Quaker Oats Co.
232 F.3d 1271 (9th Cir. 2000) Cited 2,035 times 1 Legal Analyses
Holding that allowing the plaintiffs to proceed with a new theory of liability at summary judgment after the close of discovery would prejudice the defendants
Robertson v. Fleetwood Travel Inc.
144 Cal.App.4th 785 (Cal. Ct. App. 2006) Cited 169 times
Concluding "that for purposes of the reimbursement remedy under section 1793.2, subdivision (d), the term ‘purchase price paid’ includes finance charges incurred in conjunction with the purchase"
American Suzuki Motor Corp. v. Superior Court
37 Cal.App.4th 1291 (Cal. Ct. App. 1995) Cited 183 times
Holding that the implied warranty of merchantability can be breached only if a vehicle manifests a defect that is so basic it renders the vehicle unfit for its ordinary purpose of providing transportation
Mocek v. Alfa Leisure, Inc.
114 Cal.App.4th 402 (Cal. Ct. App. 2003) Cited 132 times
Affirming trial court's ruling "that, where the implied warranty of merchantability is breached, applicable statutes do not require a buyer to give the seller an opportunity to repair before rescinding the purchase" because "there is no requirement the seller be given an opportunity to repair when the implied warranty of merchantability is breached"
United States v. Lopez-Menera
542 F. Supp. 2d 1025 (N.D. Cal. 2008) Cited 7 times
Dismissing indictment for violation of § 1326 where IJ failed to inform defendant of eligibility for voluntary departure and defendant had plausible claim for voluntary departure
Rule 32.1 - Citing Judicial Dispositions
Fed. R. App. P. 32.1 Cited 34,472 times 152 Legal Analyses
Permitting court to cite to unpublished federal judicial opinions
Section 1790 - Title of act
Cal. Civ. Code § 1790 Cited 694 times 6 Legal Analyses
This chapter may be cited as the "Song-Beverly Consumer Warranty Act." Ca. Civ. Code § 1790 Added by Stats. 1970, Ch. 1333.
Section 2607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over
Cal. Com. Code § 2607 Cited 108 times 1 Legal Analyses
Stating that a buyer "must, within a reasonable time after he or she discovers or should have discovered any breach, notify the seller of the breach or be barred from any remedy"
Section 1790.3 - Conflicts between Commercial Code and provisions of chapter
Cal. Civ. Code § 1790.3 Cited 31 times
The provisions of this chapter shall not affect the rights and obligations of parties determined by reference to the Commercial Code except that, where the provisions of the Commercial Code conflict with the rights guaranteed to buyers of consumer goods under the provisions of this chapter, the provisions of this chapter shall prevail. Ca. Civ. Code § 1790.3 Added by Stats. 1970, Ch. 1333.

Nunez v. Microsoft Corporation et al

9 Cited authorities

Holding that allowing the plaintiffs to proceed with a new theory of liability at summary judgment after the close of discovery would prejudice the defendants

Concluding "that for purposes of the reimbursement remedy under section 1793.2, subdivision (d), the term ‘purchase price paid’ includes finance charges incurred in conjunction with the purchase"

Holding that the implied warranty of merchantability can be breached only if a vehicle manifests a defect that is so basic it renders the vehicle unfit for its ordinary purpose of providing transportation

Dismissing indictment for violation of § 1326 where IJ failed to inform defendant of eligibility for voluntary departure and defendant had plausible claim for voluntary departure

Permitting court to cite to unpublished federal judicial opinions

Stating that a buyer "must, within a reasonable time after he or she discovers or should have discovered any breach, notify the seller of the breach or be barred from any remedy"