Modification: Stiles et al. v. Kia Motors America, Inc.

BRANDI STILES et al.,

Plaintiffs and Appellants,

v.

KIA MOTORS AMERICA, INC.,

Defendant and Respondent.

2d Civ. No. B325798

(Super. Ct. No. 56-2019-00527171-CU-BC-VTA)

(Ventura County)

California Courts of Appeal

Second Appellate District

Division Six

Filed May 23, 2024

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on May 2, 2024, be modified as follows:

1. On page 5, fourth sentence of the second full paragraph, the word "new" is to be inserted between the words "all" and "consumer" so that the sentence reads:

"In fact, the implied warranty provisions on which Kia relies cover all new consumer goods."

2. On page 8, the second full paragraph under "III. Implied Warranty," beginning, "Section 1792 provides," is deleted and the following two full paragraphs are inserted in its place:

Section 1792 provides, in part: "[E]very sale of consumer goods that are sold at retail in this state shall be accompanied by the manufacturer's and the retail seller's implied warranty that the goods are merchantable."

Section 1791, subdivision (a) defines consumer goods as "any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables."

There is no change in the judgment.

GILBERT, P.J.

BALTODANO, J.

CODY, J.