In March 2015, Robert K. Dixon of WTK won a summary judgment motion in a California state court breach of warranty action for a products manufacturer.  The motion asserted that the plaintiff lacked standing under the Song-Beverly Consumer Warranty Act because he purchased the vehicle from a private seller.  To have standing under Song-Beverly, the plaintiff must show he is a “buyer,” which is basically defined as one who buys a vehicle from a retail seller.  Plaintiff appealed the ruling granting summary judgment.  In July 2015, the Court of Appeals agreed with the trial court’s decision that the plaintiff did not qualify as a buyer since he bought the vehicle from a private seller, not a retail seller.  [ Read more…]

Share the article: