Wednesday, December 13, 2017

Kirzhner v. Mercedes-Benz USA (Cal. Ct. App. - Dec. 13, 2017)

"This case under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq., Act), concerned an allegedly defective car which could not be repaired after multiple attempts. Plaintiff Allen Kirzhner accepted an offer of compromise pursuant to Code of Civil Procedure section 998 (998 offer) from defendant MercedesBenz USA, LLC . . . .The court awarded plaintiff over $47,000 in accordance with the 998 offer. Plaintiff appealed and asserts the court erred because it denied him recovery of approximately $680 in vehicle registration renewal and certificate of nonoperation fees which he incurred in the years after he first leased the car."

Wait.  Are we really filing an appeal in a civil case that revolves exclusively around an additional alleged $680 in damages?

Yes.  Yes we are.

P.S. - Plaintiff doesn't get 'em.  And "Respondent is entitled to its costs on appeal."