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R & B AUTO CENTER, INC. v. FARMERS GROUP

No. G032371.

44 Cal.Rptr.3d 426 (2006)

140 Cal.App.4th 327

R & B AUTO CENTER, INC., Plaintiff and Appellant, v. FARMERS GROUP, INC., et al., Defendants and Respondents.

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

June 9, 2006.

Attorney(s) appearing for the Case

Prenovost, Normandin, Bergh & Dawe, Michael G. Dawe and Paula M. Harrelson, Santa Ana, for Plaintiff and Appellant.

Picker, Chow & Freisleben, Alan J. Freisleben and Todd A. Picker, Irvine, for Defendants and Respondents Farmers Group, Inc. and Truck Underwriters Association.

Horvitz & Levy, Lisa Perrochet, Jason R. Litt, Encino; Hollins Schechter, Santa Ana, and Eric N. Riezman, Costas Mesa, for Defendant and Respondent Truck Insurance Exchange.

OPINION

MOORE, J.

One might reasonably assume new car dealerships and used car dealerships are apples and oranges. But when a lemon is added to the mix, the lines can become blurred. When the Department of Motor Vehicles classifies a used vehicle with a "title brand," a purchaser of that used vehicle may sometimes bring suit under the lemon law, a procedure usually associated with defective new cars. (See...

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