Facts

The plaintiff, Michael Drop, 38, purchased a new 2004 Kawasaki Vulcan VN1600 Mean Streak Motorcycle from defendant Victorville Motorcycle center on July 9, 2005. He brought the vehicle to Fun Bike Center, an authorized Kawasaki dealership on March 1, 2006, with complaints of rough idle and stalling. Initially, the dealer's mechanics found nothing wrong, but once the customer described the circumstances under which it occurred, they were able to duplicate an idle fluctuation.

The dealer commenced testing and diagnosis, and the motorcycle was in the shop for two and a half months. Eventually, the Kawasaki field representative determined that the idle fluctuation was a normal characteristic of the motorcycle and refused to pay for any further work on the motorcycle. Kawasaki denied that the motorcycle stalled.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the fluctuating idle caused the motorcycle to stall; this was a defect that affected the use, value and safety of the motorcycle, and thus the defendants violated the Song Beverly Act.

DEFENDANTS' CONTENTIONS:
The defendants contended there were no defects in the motorcycle; that fluctuating idle could only occur under unusual circumstances, and would not be experienced in the normal operation of the motorcycle. The motorcycle did not stall.

Settlement Discussions

The plaintiff demanded $38,900; the defendant made a C.C.P. Section 998 offer of $1,000.

Damages

$9,200, plus civil penalty and attorney fees.

Result

Defense verdict.

Deliberation

1.5 hours

Poll

9-3

Length

five days