California Codes

Cal. Civil Code § 1790.3 (2026)

✓ current as of May 2026

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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.

Notes of Decisions

Cited in 17 cases (4 in the last 5 years), 1985–2025 · leading case: Murillo v. Fleetwood Enter., Inc., 953 P.2d 858 (Cal. 1998).

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Murillo v. Fleetwood Enter., Inc., 953 P.2d 858 (Cal. 1998). · cites it 4× “), "regulates warranty terms, imposes service and repair obligations on manufacturers, distributors, and retailers who make express warranties, requires disclosure of specified information in express warranties, and broadens a buyer's remedies to include costs, attorney's fees,…”

Montich v. Miele USA, Inc., 849 F. Supp. 2d 439 (D.N.J. 2012). · cites it 2× “” Cal Civ Code § 1790.3; Mexia, 174 Cal. App.”

Orichian v. BMW of North Am., LLC, 226 Cal. App. 4th 1322 (Cal. Ct. App. 2014). · cites it 2× “) Song-Beverly states, “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…”

Krieger v. Nick Alexander Imports, Inc., 91 Cal. Daily Op. Serv. 7643 (Cal. Ct. App. 1991). · cites it 2× “(Civ. Code, § 1790.3; see also Civ. Code, § 1794, subd.”

Mills v. Forestex Co., 2003 Cal. Daily Op. Serv. 3966 (Cal. Ct. App. 2003). “(Civ. Code, § 1790.3; Krieger, supra, 234 Cal.”

Mocek v. Alfa Leisure, Inc., 52 U.C.C. Rep. Serv. 2d (West) 414 (Cal. Ct. App. 2003). “” (Civ. Code, § 1790.3.) The Act was intended to broaden the remedies set out in the Commercial Code *408 (American Suzuki Motor Corp.”

Stone Street Capital, LLC v. California State Lottery Comm'n, 66 U.C.C. Rep. Serv. 2d (West) 206 (Cal. Ct. App. 2008). “” (Civ. Code, § 1790.3; see also Gov. Code, § 53312 [“Any provision in this chapter which conflicts with any other provision of law shall prevail over the other provision of law.”

Keith v. Buchanan, 42 U.C.C. Rep. Serv. (West) 386 (Cal. Ct. App. 1985). “(Civ. Code, § 1790.3.) The act defines an express warranty, in pertinent part, as “[a] written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to preserve or maintain the utility or…”

Martinez v. Kia Motors Am., Inc., 193 Cal. App. 4th 187 (Cal. Ct. App. 2011). “) The Act also makes clear its pro-consumer remedies are in addition to those available to a consumer pursuant to the [Uniform] Commercial Code (Civ. Code, § 1790.3) and the Unfair Practices Act (Civ.”

Krotin v. Porsche Cars North Am., Inc., 95 Cal. Daily Op. Serv. 7333 (Cal. Ct. App. 1995). “” (Civ. Code, § 1790.3.) “The remedies provided by [the Act] are cumulative and shall not be construed as restricting any remedy that is otherwise available .”

Terrill v. Electrolux Home Prods., Inc., 295 F.R.D. 671 (S.D. Ga. 2013). “However, these provisions are not interchangeable. In fact, where provisions of the California UCC conflict with the rights guaranteed to buyers under the provisions of the Song-Beverly Act, the provisions of the Song-Beverly Act prevail.”

Davis v. Nissan North Am., Inc. (Cal. Ct. App. 2024). · cites it 3× “(Civ. Code, § 1790.3.) In contrast to the UCC, the Song-Beverly Act explicitly governs manufacturer warranties.”

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