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Breach of Warranty
Song-Beverly Act

Saviraj Grewal and Kenneth Stone v. SMC Corporation, et al.

Published: May 11, 1996 | Result Date: Apr. 11, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 739762 –  $0

Judge

Jack K. Mandel

Court

Orange Superior


Attorneys

Plaintiff

Stephen G. Barnes


Defendant

Vincent J. Axelson

Jonathan C. Corn


Experts

Plaintiff

Bill Adkins
(technical)

Defendant

Blair McCollough
(technical)

Gordon Harrison
(technical)

William P. Guentzler
(technical)

Facts

The plaintiffs, Saviraj Grewal and Kenneth Stone, attorneys, purchased a 1994 Safari Trek Motorhome which they believed was defective. The defendant, SMC Corporation ("SMC"), spent $20,000 on warranty and non-warranty repairs in an effort to satisfy the plaintiffs. The motorhome was in the shop for 110 days. The plaintiffs brought this action against the defendants, SMC and Motorhome Safari (the dealership), based on breach of express and implied warranties under Song-Beverly and revocation theories of recovery.

Settlement Discussions

The plaintiffs made a settlement demand for $30,000 plus a new coach, increased to a settlement demand for $200,000 before trial. The defendants offered to repurchase the coach for $90,000.

Damages

The plaintiffs claimed $103,000 in actual damages, attorney's fees and a civil penalty.

Other Information

The verdict was reached approximately one year and four months after the case was filed. PlaintiffsÆ counselÆs discussion with the jury revealed that during deliberations the jurors considered that the plaintiffs were attorneys. Per plaintiffs' counsel, this had a substantial bearing on the verdict.

Deliberation

1+ hours

Poll

12-0

Length

5+ days


#109431

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