Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS / TITLE 1.7. CONSUMER WARRANTIES / CHAPTER 1. Consumer Warranty Protection / ARTICLE 1. General Provisions
California Codes

Cal. Civil Code § 1790.4 (2026)

✓ current as of May 2026
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The remedies provided by this chapter are cumulative and shall not be construed as restricting any remedy that is otherwise available, and, in particular, shall not be construed to supplant the provisions of the Unfair Practices Act.

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1985–2023 · 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 2× “3) and the Unfair Practices Act (Civ. Code, § 1790.4). The Act "is manifestly a remedial measure, intended for the protection of the consumer; it should be given a construction calculated to bring its benefits into action.”
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…”
Troensegaard v. Silvercrest Indus., Inc., 175 Cal. App. 3d 218 (Cal. Ct. App. 1985). · cites it 2× “Indeed, the Legislature obviously recognized such possibility in expressly providing that the remedies under the Song-Beverly Consumer Warranty Act "are cumulative .”
Ortega v. Toyota Motor Sales, USA, Inc., 572 F. Supp. 2d 1218 (S.D. Cal. 2008). · cites it 2× “Damages recoverable under the Song-Beverly Act include restitution, incidental and consequential damages, attorneys’ fees and costs, and, if there has been a “willful” violation of the Act, a civil penalty.”
Doppes v. Bentley Motors, Inc., 174 Cal. App. 4th 1004 (Cal. Ct. App. 2009). “) Civil Code section 1790.4 states: “The remedies provided by this chapter are cumulative and shall not be construed as restricting any remedy that is otherwise available, and, in particular, shall not be construed to supplant the provisions of the Unfair Practices Act.”
Martinez v. Kia Motors Am., Inc., 193 Cal. App. 4th 187 (Cal. Ct. App. 2011). “3) and the Unfair Practices Act (Civ. Code, § 1790.4). The Act ‘is manifestly a remedial measure, intended for the protection of the consumer; it should be given a construction calculated to bring its benefits into action.”
Krotin v. Porsche Cars North Am., Inc., 95 Cal. Daily Op. Serv. 7333 (Cal. Ct. App. 1995). “” (Civ. Code, § 1790.4.) In the present case, we must resolve the interplay between the manufacturer’s responsibility under the Act to provide prompt restitution or replacement (Civ.”
Bowser v. Ford Motor Co. (Cal. Ct. App. 2022). · cites it 3× “” (Civ. Code, § 1790.4.) 65 We accept that a plaintiff cannot recover both a statutory penalty and punitive damages based on the same conduct.”
Nuguid v. Mercedes-Benz USA, LLC (S.D. Cal. 2021). · cites it 2× “at 6 ¶ B No amount pled (2)(B); CAL. CIV. CODE § 1790.4. 22 Civil Penalty in an Amount of Two Times Actual Compl.”
Orichian v. BMW of North Am. (Cal. Ct. App. 2014). · cites it 2× “) Civil Code section 1790.4 states, “The remedies provided by this chapter are cumulative and shall not be construed as restricting any remedy that is otherwise available, and, in particular, shall not be construed to supplant the provisions of the Unfair Practices Act.”
Nolan v. Ford Motor Co. CA4/2 (Cal. Ct. App. 2022). “” (Civ. Code, § 1790.4.) The CLRA expressly permits the recovery of punitive damages in a suitable case.”
Yeh v. Super. Ct. (Cal. Ct. App. 2023). “3 [“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…”
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