[DOWNLOAD] "People v. Mccann" by In the Court of Appeal of the State of California Second Appellate District Division Three # eBook PDF Kindle ePub Free

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eBook details

• Title: People v. Mccann
• Author : In the Court of Appeal of the State of California Second Appellate District Division Three
• Release Date : January 13, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Plaintiffs Lorna and Francis Robertson sued defendant Fleetwood Travel Trailers of California, Inc. (Fleetwood) under the Song-Beverly Consumer Warranty Act (the Song-Beverly Act) (Civ. Code, § 1790 et. seq.), based on a persistent water leak in their new Fleetwood travel trailer that was not repaired within a reasonable number of attempts. After extensive water accumulation was discovered in the underbelly of the trailer, the Robertsons concluded enough was enough and demanded that Fleetwood repurchase the trailer. Fleetwood did not do so, insisting it should be given an opportunity to repair the water damage. A jury found that Fleetwood violated the refund-or-replace provisions of the Song-Beverly Act and awarded the Robertsons damages of $22,000, plus a civil penalty of $16,000 for Fleetwoods "willful" failure to comply with its statutory obligations. The trial court awarded attorneys fees in the sum of $231,187.45. Defendant Fleetwood appeals, primarily contending it had no obligation to repurchase or replace the trailer under the Song-Beverly Act because it was never given a reasonable opportunity to repair the water damage, which it views as a separate matter from the water leak. We will reverse and remand with instructions to redetermine attorneys fees. In all other respects the judgment will be affirmed.

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