· 6/15/2009
Mexia v. Rinker Boat Co., Inc.
Citations
- 174 Cal. App. 4th 1297
- 95 Cal. Rptr. 3d 285
- 2009 Cal. App. LEXIS 942
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that section 11 2725 sets the statute of limitations for a Song-Beverly claim
- concluding that “[i]n the case of a latent defect ... the warranty of merchantability is breached by the existence of the unseen defect ... although [the] defect may not be discovered for months or years after a sale.”
- providing that an action for breach of warranty under the Song-Beverly Consumer Warranty Act, Cal. Civ.Code § 1790 et seq., has four-year statute of limitations
- recognizing claim for breach of the implied warranty of merchantability under the Song-Beverly Act, where plaintiff alleged that a boat he purchased contained a latent defect causing its engine to corrode
- not requiring knowledge of material defect to show breach of implied warranty under California law
- “The core test 24 of merchantability is fitness for the ordinary purpose for which such goods are used.”
Source: CourtListener parenthetical corpus (CC0).
Judges: King
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.