As used in this chapter:
(a)“Implied warranty of merchantability” or “implied warranty that goods are merchantable” means that the consumer goods meet each of the following:
(1)Pass without objection in the trade under the contract description.
(2)Are fit for the ordinary purposes for which such goods are used.
(3)Are adequately contained, packaged, and labeled.
(4)Conform to the promises or affirmations of fact made on the container or label.
(b)“Implied warranty of fitness” means (1) that when the retailer, distributor, or manufacturer has reason to know any particular purpose for which the consumer goods are required, and further, that the buyer is relying on the skill and judgment of the seller to select and furnish suitable goods, then there is an implied warranty that the goods shall be fit for such purpose and (2) that when there is a sale of an assistive device sold at retail in this state, then there is an implied warranty by the retailer that the device is specifically fit for the particular needs of the buyer.
(c)The duration of the implied warranty of merchantability and where present the implied warranty of fitness shall be coextensive in duration with an express
warranty which accompanies the consumer goods, provided the duration of the express warranty is reasonable; but in no event shall such implied warranty have a duration of less than 60 days nor more than one year following the sale of new consumer goods to a retail buyer. Where no duration for an express warranty is stated with respect to consumer goods, or parts thereof, the duration of the implied warranty shall be the maximum period prescribed above.
(d)Any buyer of consumer goods injured by a breach of the implied warranty of merchantability and where applicable by a breach of the implied warranty of fitness has the remedies provided in Chapter 6 (commencing with Section 2601) and Chapter 7 (commencing with Section 2701) of Division 2 of the Commercial Code, and, in any action brought under such provisions, Section 1794 of this chapter shall apply.
Notes of Decisions
Mexia v. Rinker Boat Co., Inc., 174 Cal. App. 4th 1297 (Cal. Ct. App. 2009).
· cites it 6× “” (Civ. Code, § 1791.1.) “ ‘The core test of merchantability is fitness for the ordinary purpose for which such goods are used.”
Gutierrez v. Carmax Auto Superstores Cal., 228 Cal. Rptr. 3d 699 (Cal. Ct. App. 5th 2018).
· cites it 2× “For instance, Civil Code section 1791.1, subdivision (d) states: "Any buyer of consumer goods injured by a breach of the implied warranty of merchantability … has the remedies provided in Chapter 6 (commencing with Section 2601) and Chapter 7 (commencing with Section 2701 ) of…”
In re Nexus 6P Prods. Liab. Litig., 293 F. Supp. 3d 888 (N.D. Cal. 2018).
· cites it 2× “Song-Beverly Consumer Warranty Act The California Plaintiffs' cause of action for violations of the Song-Beverly Consumer Warranty Act ("Song-Beverly Act"), Cal. Civ. Code §§ 1791.1 , 1792, on behalf of the California subclass fails because Plaintiffs do not allege where they…”
Isip v. Mercedes-Benz USA, LLC, 65 Cal. Rptr. 3d 695 (Cal. Ct. App. 2007).
· cites it 3× “” (Civ. Code, § 1791.1, subd. (a).) *25 The Song-Beverly Consumer Warranty Act provides a right of action for a buyer to recover damages and other relief when there has been a breach of the implied warranty of merchantability.”
Atkinson v. Elk Corp., 2003 Cal. Daily Op. Serv. 5066 (Cal. Ct. App. 2003).
· cites it 2× “3, which raised the issue of the timeliness of Atkinson’s second cause of action for breach of the implied warranty of merchantability (Civ. Code, § 1791.1, subd. (c).) Both parties filed opposition to some of the opposing party’s motions in limine.”
MacDonald v. Ford Motor Co., 37 F. Supp. 3d 1087 (N.D. Cal. 2014).
· cites it 2× “The Song-Beverly Consumer Warranty Act creates “an implied warranty of merchantability” whereby the seller guarantees that consumer goods meet each of the following conditions: (1) pass without objection in the trade under the contract description; (2) are fit for the ordinary…”
Sloan v. Gen. Motors LLC, 287 F. Supp. 3d 840 (N.D. Cal. 2018).
“See Cal. Civ. Code § 1791.1 (c). California appellate courts, however, have held that this durational limit "does not create a deadline for discovering latent defects or for giving notice to the seller.”
Birdsong v. Apple, Inc., 590 F.3d 955 (9th Cir. 2009).
“Cal.Civ.Code § 1791.1. Both parties agree that the plaintiffs' claims under California’s Song-Beverly Consumer Warranty Act, Cal.”
Margie Daniel v. Ford Motor Co., 806 F.3d 1217 (9th Cir. 2015).
“chantability and where present the implied warranty of fitness shall be coextensive in duration with an express warranty which accompanies the consumer goods, provided the duration of the express warranty is reasonable; but in no event shall such implied warranty have a duration…”
Elias v. Hewlett-Packard Co., 903 F. Supp. 2d 843 (N.D. Cal. 2012).
· cites it 2× “” Cal. Civ.Code § 1791.1(a). The implied warranty “is coextensive in duration with an express warranty which accompanies the consumer goods,” but “in no event shall such implied warranty have a duration of less than 60 days nor more than one year following the sale of new…”
Beck v. Fca Us LLC, 273 F. Supp. 3d 735 (E.D. Mich. 2017).
“” Cal, Civ. Code § 1791.1(c). However, “in no event shall such implied warranty have a duration of less than 60 days nor more than one year following the sale of new consumer goods to a retail buyer.”
— Cal. Civil Code § 1791.1(a) — 9 cases
Elias v. Hewlett-Packard Co., 903 F. Supp. 2d 843 (N.D. Cal. 2012).
“” Cal. Civ.Code § 1791.1(a). The implied warranty “is coextensive in duration with an express warranty which accompanies the consumer goods,” but “in no event shall such implied warranty have a duration of less than 60 days nor more than one year following the sale of new…”
— Cal. Civil Code § 1791.1(a)(2) — 1 case
— Cal. Civil Code § 1791.1(c) — 17 cases
Margie Daniel v. Ford Motor Co., 806 F.3d 1217 (9th Cir. 2015).
“chantability and where present the implied warranty of fitness shall be coextensive in duration with an express warranty which accompanies the consumer goods, provided the duration of the express warranty is reasonable; but in no event shall such implied warranty have a duration…”
Beck v. Fca Us LLC, 273 F. Supp. 3d 735 (E.D. Mich. 2017).
“” Cal, Civ. Code § 1791.1(c). However, “in no event shall such implied warranty have a duration of less than 60 days nor more than one year following the sale of new consumer goods to a retail buyer.”
MacDonald v. Ford Motor Co., 37 F. Supp. 3d 1087 (N.D. Cal. 2014).
“The Song-Beverly Consumer Warranty Act creates “an implied warranty of merchantability” whereby the seller guarantees that consumer goods meet each of the following conditions: (1) pass without objection in the trade under the contract description; (2) are fit for the ordinary…”
— Cal. Civil Code § 1791.1(e) — 1 case
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