Case Summary

4985 Under the Song-Beverly Consumer Warranty Act, the manufacturer of a new, defective automobile that cannot be repaired after a reasonable number of attempts must replace the automobile or make restitution to the buyer. Civil penalties apply where manufacturers willfully violate the Act. Here, the trial court properly awarded damages, a civil penalty, prejudgment interest, and attorney fees and costs where evidence supported a finding that the manufacturer willfully violated the Act. The trial court also properly rejected the manufacturer's argument that the plaintiff had a duty to mitigate his damages.

LUKATHER v GENARAL MOTORS LLC (The Lemon Cadillac) 181 CA4 1041 [See Civ Code § 1790; Krotin v. Porsche Cars North America, Inc. 38 CA4 294]