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KWAN v. MERCEDES-BENZ OF NORTH AMERICA, INC.

Docket No. A059251.

23 Cal.App.4th 174 (1994)

28 Cal. Rptr.2d 371

ANTHONY KWAN, Plaintiff and Respondent, v. MERCEDES-BENZ OF NORTH AMERICA, INC., Defendant and Appellant.

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

March 11, 1994.

Attorney(s) appearing for the Case

COUNSEL

Thacher, Albrecht & Ratcliff, James E. Ratcliff, Jr., and Benjamin H. Ballard III for Defendant and Appellant.

Kemnitzer, Dickinson, Anderson, & Barron, Bryan Kemnitzer and Nancy Barron for Plaintiff and Respondent.

OPINION

WERDEGAR, J.

Anthony Kwan sued Mercedes-Benz of North America, Inc. (MBNA) for violation of the refund-or-replace provision of the Song-Beverly Consumer Warranty Act (the Act) (Civ. Code, §§ 1790, 1793.2, subd. (d)(2)),1 arising out of Kwan's purchase of a new Mercedes-Benz. Kwan received a jury award of $186,000. MBNA appeals, claiming the court erred in its instructions defining a ...

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