SUMAN v. SUPERIOR COURT

Docket No. B094591.

39 Cal.App.4th 1309 (1995)

46 Cal. Rptr.2d 507

MARTIN SUMAN, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; BMW OF NORTH AMERICA, INC., Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

November 2, 1995.


Attorney(s) appearing for the Case

COUNSEL

Lawrence J. Hutchens for Petitioner.

No appearance for Respondent.

Lewis, D'Amato, Brisbois & Bisgaard and Jonathon Kaplan for Real Party in Interest.


OPINION

CROSKEY, Acting P.J.

This case presents the novel question of how a jury should be instructed regarding imposition of statutory civil penalty damages under California's so-called "lemon law" enacted to protect consumers against a manufacturer's failure to honor warranty obligations. Civil penalties are authorized for both willful and nonwillful misconduct. We deal here with an award based on the latter.

In this mandamus...

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