Facts

Plaintiff Michael Freeman, a 69-year-old retired attorney, bought a laptop computer from defendant Gateway Inc. He sued defendant, alleging its refusal to provide on-site services constituted a breach of warranty and unfair business practice under the Song-Beverly and Consumer Legal Remedies Acts.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended he could not take his computer to a nearby repair shop. The defendant failed to provide on-site services pursuant to its warranty.

DEFENDANT'S CONTENTIONS:
The defendant contended it complied with its on-site warranty contract. The plaintiff refused to help technical support diagnose the problem over the phone and never attempted to take his laptop to available repair shops.

Damages

The plaintiff sought $3,421 for rescission of the contract; $10,158 for violation of the Song-Beverly Act; and unspecified damages for violation of the Consumer Legal Remedies Act.

Result

The jury returned a verdict for the defense. It determined plaintiff did not give defendant a reasonable opportunity to repair the computer. Further, plaintiff did not purchase the laptop for personal, household, or family use, barring recovery under the Song-Beverly Act and the Consumer Legal Remedies Act.

Other Information

FILING DATE: July 8, 2004.