(a)Any buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service contract may bring an action for the recovery of damages and other legal and equitable relief.
(b)The measure of the buyer’s damages in an action under this section shall include the rights of replacement or reimbursement as set forth in subdivision (d) of Section 1793.2, and the following:
(1)Where the buyer has rightfully rejected or justifiably revoked acceptance of the goods or has exercised any right to cancel the sale, Sections 2711, 2712, and 2713 of the Commercial Code shall apply.
(2)Where the buyer has accepted the goods, Sections 2714 and 2715 of the Commercial Code shall apply, and the measure of damages shall include the cost of repairs necessary to make the goods conform.
(c)If the buyer establishes that the failure to comply was willful, the judgment may include, in addition to the amounts recovered under subdivision (a), a civil penalty which shall not exceed two times the amount of actual damages. This subdivision shall not apply in any class action under Section 382 of the Code of Civil Procedure or under Section 1781, or with respect to a claim based solely on a breach of an implied
warranty.
(d)If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney’s fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.
(e)(1)Except as otherwise provided in this subdivision, if the buyer establishes a violation of paragraph (2) of subdivision (d) of Section 1793.2, the buyer shall recover damages and reasonable attorney’s fees and costs, and may recover a civil penalty of up to two times the amount of damages.
(2)If the manufacturer maintains a qualified third-party dispute resolution process which substantially
complies with Section 1793.22, the manufacturer shall not be liable for any civil penalty pursuant to this subdivision.
(3)After the occurrence of the events giving rise to the presumption established in subdivision (b) of Section 1793.22, the buyer may serve upon the manufacturer a written notice requesting that the manufacturer comply with paragraph (2) of subdivision (d) of Section 1793.2. If the buyer fails to serve the notice, the manufacturer shall not be liable for a civil penalty pursuant to this subdivision.
(4)If the buyer serves the notice described in paragraph (3) and the manufacturer complies with paragraph (2) of subdivision (d) of Section 1793.2 within 30 days of the service of that notice, the manufacturer shall not be liable for a civil penalty pursuant to this subdivision.
(5)If the buyer
recovers a civil penalty under subdivision (c), the buyer may not also recover a civil penalty under this subdivision for the same violation.
Notes of Decisions
Murillo v. Fleetwood Enter., Inc., 953 P.2d 858 (Cal. 1998).
· cites it 16× “) (1b) Civil Code section 1794, subdivision (d) (hereafter Civil Code section 1794(d)), part of the Song-Beverly Act, states: "If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the…”
Brady v. Mercedes-Benz USA, Inc., 243 F. Supp. 2d 1004 (N.D. Cal. 2002).
· cites it 5× “On October 29, 2001, plaintiff Brady filed a complaint in San Francisco Superi- or Court for, inter alia, violations of the Song-Beverly Consumer Warranty Act, Cal. Civ.Code § 1794, et seq., against defendant MBUSA.”
MacQuiddy v. Mercedes-Benz USA CA2/8, 233 Cal. App. 4th 1036 (Cal. Ct. App. 2015).
· cites it 5× “” Civil Code section 1794, subdivision (a) authorizes a buyer of consumer goods to bring an action for recovery of damages and other relief for the failure to comply with the Act.”
Mocek v. Alfa Leisure, Inc., 52 U.C.C. Rep. Serv. 2d (West) 414 (Cal. Ct. App. 2003).
· cites it 3× “” (Civ. Code, § 1794, subd. (a).) “Where the buyer has rightfully rejected or justifiably revoked acceptance of the goods or has exercised any right to cancel the sale, Section[] 2711 .”
Duale v. Mercedes-Benz USA, LLC, 56 Cal. Rptr. 3d 19 (Cal. Ct. App. 2007).
· cites it 4× “” Plaintiffs sought return of the sum paid for the car, plus interest from the date of purchase, treble damages (Civ. Code, § 1794), attorney fees (Civ. Code, §§ 1794, 1717) and costs.”
Goglin v. BMW of North Am., LLC, 4 Cal. App. 5th 462 (Cal. Ct. App. 2016).
· cites it 2× “” (Civ. Code, § 1794, subd. (d).) The statute “requires the trial court to make an initial determination of the actual time expended; and then to ascertain whether under all the circumstances of the case the amount of actual time expended and the monetary charge being made for…”
Troensegaard v. Silvercrest Indus., Inc., 175 Cal. App. 3d 218 (Cal. Ct. App. 1985).
· cites it 4× “" Civil Code section 1794, subdivision (c), provides that where failure to comply with such a warranty is " willful " the buyer may, in addition to his or her compensatory damages, recover "a civil penalty which shall not exceed two times the amount of actual damages.”
Doppes v. Bentley Motors, Inc., 174 Cal. App. 4th 967 (Cal. Ct. App. 2009).
· cites it 2× “Legal Principles A prevailing buyer in a lawsuit under the Song-Beverly Consumer Warranty Act is entitled to recover reasonable attorney fees: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum…”
Carver v. Chevron U.S.A., Inc., 118 Cal. Rptr. 2d 569 (Cal. Ct. App. 2002).
· cites it 2× “(d)), states: “If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney’s fees based on actual time expended, determined by the…”
Gutierrez v. Carmax Auto Superstores Cal., 228 Cal. Rptr. 3d 699 (Cal. Ct. App. 5th 2018).
“" Similarly, Civil Code section 1794, subdivision (a) states that "[a]ny buyer of consumer goods who is damaged by a failure to comply with any obligation … under an *711 implied … warranty … may bring an action for the recovery of damages or other legal and equitable relief.”
Isip v. Mercedes-Benz USA, LLC, 65 Cal. Rptr. 3d 695 (Cal. Ct. App. 2007).
· cites it 2× “(Civ. Code, § 1794, subd. (a).) Civil Code section 1794, subdivision (b)(2) provides that, where the buyer accepts the goods, damages include damages available under Commercial Code sections 2714 and 2715 (incidental and consequential damages).”
— Cal. Civil Code § 1794(a) — 4 cases
— Cal. Civil Code § 1794(b) — 2 cases
— Cal. Civil Code § 1794(b)(1) — 12 cases
— Cal. Civil Code § 1794(b)(2) — 3 cases
— Cal. Civil Code § 1794(c) — 88 cases
Brady v. Mercedes-Benz USA, Inc., 243 F. Supp. 2d 1004 (N.D. Cal. 2002).
“On October 29, 2001, plaintiff Brady filed a complaint in San Francisco Superi- or Court for, inter alia, violations of the Song-Beverly Consumer Warranty Act, Cal. Civ.Code § 1794, et seq., against defendant MBUSA.”
— Cal. Civil Code § 1794(d) — 58 cases
Murillo v. Fleetwood Enter., Inc., 953 P.2d 858 (Cal. 1998).
“) (1b) Civil Code section 1794, subdivision (d) (hereafter Civil Code section 1794(d)), part of the Song-Beverly Act, states: "If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the…”
— Cal. Civil Code § 1794(e) — 1 case
— Cal. Civil Code § 1794(e)(1) — 4 cases
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