Brand v. Hyundai Motor America

ILAN BRAND,

Plaintiff and Appellant,

v.

HYUNDAI MOTOR AMERICA et al.,

Defendants and Respondents.

No. G048880

(Super. Ct. No. 30-2012-00541006)

California Courts of Appeal

Fourth Appellate District

Division Three

Filed July 16, 2014

ORDER DENYING REHEARING

AND MODIFYING OPINION;

NO CHANGE IN JUDGMENT

           Respondent?s rehearing petition is DENIED.  The opinion filed June 17, 2014 is MODIFIED as follows:

           On page 6, in the first new paragraph, in that paragraph?s last sentence ending ?. . . whether there were other similar flaws in the sunroof wiring, or whether the problem might reoccur,? add a new footnote at the end of the sentence as follows:

   ¹    Brand acknowledged in his testimony that a service technician told him ?probably? on the day he attempted to rescind his purchase that the sunroof problem had been fixed.  But of course that did not establish the problem had been fixed, nor that it was ?easily fixable? as Hyundai now claims.  Hyundai previously had told Brand several times the problem had been fixed.

           Renumber the ensuing footnote on page 12 as footnote number 2.

           The modification effects no change in the judgment.

ARONSON, J.

WE CONCUR:

     RYLAARSDAM, ACTING P. J.

     IKOLA, J.