AMERICAN SUZUKI MOTOR CORP. v. SUPERIOR COURT

Docket No. B088343.

37 Cal.App.4th 1291 (1995)

44 Cal. Rptr. 526

AMERICAN SUZUKI MOTOR CORPORATION, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; DIERDRE CARNEY et al., Real Parties in Interest.

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

August 23, 1995.


Attorney(s) appearing for the Case

COUNSEL

Sidley & Austin, Theodore N. Miller, James M. Harris, Gene C. Schaerr, Catherine M. Valerio Barrad, Crosby, Heafey, Roach & May, Ned N. Isokawa, Mary C. Oppedahl, McCutchen, Doyle, Brown & Enersen, David M. Heilbron, Kirkland & Ellis and James H. Schink for Petitioner.

Fred L. Main, William Campbell, Charles H. Lockwood II, O'Melveny & Myers, Carl R. Schenker, Jr., and John H. Beisner as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

King & Williams, Terrence P. Keelan, David E. Stanley, Ralph O. Williams III and Larry D. Schwartz for Real Parties in Interest.

Robert A. Graham as Amicus Curiae on behalf of Real Parties in Interest.


OPINION

NOTT, J.

Where class-action plaintiffs allege they have suffered no personal injury or property damage from a vehicle they claim is defectively designed, and it is impliedly conceded that their vehicles have — since the date of purchase — remained fit for their ordinary purpose, can plaintiffs state a cause of action in breach of implied warranty? We conclude they cannot, and that the superior court erred in...

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