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Breach of Contract
Product Liability
Song-Beverly Act

Roberto Murillo v. Fleetwood Motor Homes of California, Inc.; Oshkosh Truck Corporation

Published: May 14, 1994 | Result Date: Apr. 21, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 662280 –  $0

Judge

Ronald L. Johnson

Court

San Diego Superior


Attorneys

Plaintiff

Cassandra A. Walbert


Defendant

Maureen A. Summers

Tim S. McClain


Experts

Defendant

Sharon L. Anderson
(Office of County Counsel) (technical)

Milo Knapp
(technical)

Facts

Plaintiff Roberto Murillo purchased a 1991 Fleetwood Pace Arrow built on an Oshkosh Truck Corporation chassis. The vehicle was completely new, purchased new in November of 1991, custom designed and equipped with Plaintiff's specifications, and at a purchase price of $57,050. Plaintiff allegedly found the wallpaper, countertop, and other such finishes unsatisfactory and had a broken muffler clamp. He sought a rescission of the sale under the Song-Beverly Consumer Warrant Act.

Settlement Discussions

Defendants contend they made a joint 998 offer of $12,000, increased to $13,000 and Plaintiff demanded rescission.

Damages

$102,000 including purchase price and total credit payout; plus civil penalties.

Deliberation

3 hours

Poll

11-1

Length

3 days


#90402

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