Facts

Plaintiff alleged a defective Thermador refrigerator manufactured by BSH Home Appliances Corporation and subsequent breach of written and imploied warranties under Song-Beverly and Magnuson Moss Act. Plaintiff further alleged causes of action for breach of express and implied warranties.

PLAINTIFF'S CONTENTIONS:
Plaintiff sought Song-Beverly damages and incidental damages.

DEFENDANT'S CONTENTIONS:
Defendant denied that plaintiff's refrigerator was defective and contended that defendant complied with its warranty obligations.

Settlement Discussions

Plaintiff sought $22,000 plus attorney's fees under Song-Beverly Act. Defendant served a C.C.P. 998 offer of $2,651 (cost of unit less rebate and depreciation). Plaintiff made a demand before trial for $18,000, later reduced to $15,000.

Damages

Plaintiff sought damages pursuant to the statutory guidelines of the Song-Beverly Consumer Warranty Act, and incidental damages.

Result

Defense verdict.

Other Information

Post-trial motion for costs.

Deliberation

five hours

Poll

12-0; 10-2

Length

three days