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Cal. Civil Code § 1793 (2026)

✓ current as of May 2026
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Except as provided in Sections 1793.01 and 1793.02, nothing in this chapter shall affect the right of the manufacturer, distributor, or retailer to make express warranties with respect to consumer goods. However, a manufacturer, distributor, or retailer, in transacting a sale in which express warranties are given, may not limit, modify, or disclaim the implied warranties guaranteed by this chapter to the sale of consumer goods.

Notes of Decisions
Cited in 11 cases (8 in the last 5 years), 2010–2026 · leading case: Becerra v. Gen. Motors LLC, 241 F. Supp. 3d 1094 (S.D. Cal. 2017).
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Becerra v. Gen. Motors LLC, 241 F. Supp. 3d 1094 (S.D. Cal. 2017). “The Song-Beverly Consumer Warranty Act provides, in relevant part, that “nothing in this chapter shall affect the right of the manufacturer, distributor, or retailer to make express warranties with respect to consumer goods.”
Kowalsky v. Hewlett-Packard Co., 771 F. Supp. 2d 1138 (N.D. Cal. 2010). “Cal. Civ.Code § 1793. However, the implied warranties guaranteed by the Beverly-Song Act apply only to consumer goods sold at retail in California.”
Davis v. Nissan North Am., Inc. (Cal. Ct. App. 2024). “(Civ. Code, § 1793.) The warranties thus prevail over the disclaimer in this case because respondents received an express warranty from Nissan North America, Inc.”
Gamez v. Toyota Motor Sales, U.S.A., Inc. (E.D. Cal. 2024). “, asserted by both plaintiffs 27 on behalf of the putative class members; (6) breach of express warranty in violation of California 28 Commercial Code § 2313, asserted by both plaintiffs on behalf of the putative class members; and 1 (7) breach of express warranty in violation…”
Sarkesian v. Ford Motor Co. (S.D. Cal. 2023). “) 9 After experiencing issues with the Vehicle, Plaintiffs filed suit alleging five causes 10 of action: (1) Violation of the Song-Beverly Consumer Warranty Act (“SBA”) – Failure to 11 Repair Defect(s) within Reasonable Number of Attempts ( Cal. Civ. Code § 1793.2 (d)); 12 (2)…”
Farina v. Mazda Motor of Am., Inc. (W.D.N.C. 2023). “Code § 2313 ; (13) breach of express warranty under the Song Beverly Warranty Act, Cal. Civ. Code § 1793 ; (14) violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 Ill.”
Cilluffo v. Subaru of Am., Inc. (D.N.J. 2024). “13 Cal. Civ. Code § 1793 (d)(2) states in relevant part: If the manufacturer or its representative in this state is unable to service or repair a new motor vehicle, .”
Rice v. Electrolux Home Prods., Inc. (M.D. Penn. 2020). “178 Cal. Civ. Code § 1793 ; Krieger v. Nick Alexander Imports, Inc.”
Teshauan Deberry v. Mercedes- Benz USA, LLC (C.D. Cal. 2025). “Plaintiff brings claims for 1) Violation of Song-Beverly Act – Breach of Express Warranty; 2) Violation of the Song-Beverly Act – Breach of Implied Warranty; 3) Violation of the Song-Beverly Act ( Cal. Civ. Code § 1793 (2)(b)); 4) Violation of Magnuson-Moss Warranty Act; 5)…”
Ford Motor Warranty Cases (Cal. 2025). “(See Civ. Code, § 1793 et seq.) Warranties must also “conform to the federal standards for disclosure of warranty terms and conditions set forth in the federal Magnuson-Moss Warranty- Federal Trade Commission Improvement Act .”
Fry (M.D. Penn. 2026). “Breach of Express Warranty pursuant to Song-Beverly Consumer Warranty Act – Cal. Civ. Code §§ 1793 and 1791.2, et seq.”
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