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· 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 CourtListener

Sourced 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.