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GAVALDON v. DAIMLERCHRYSLER CORPORATION

Nos. G026626, G027036.

115 Cal.Rptr.2d 732 (2002)

95 Cal.App.4th 544

Rosemarie GAVALDON et al., Plaintiffs and Appellants, v. DAIMLERCHRYSLER CORPORATION, Defendant and Appellant.

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

Review Granted May 15, 2002.

Attorney(s) appearing for the Case

Horvitz & Levy, Lisa Perrochet, John A. Taylor, Jr., Encino, and Jon B. Eisenberg, Oakland; Even, Crandall, Wade, Lowe & Gates, Douglas D. Guy and Matthew M. Proudfoot, Irvine, for Defendant and Appellant.

Anderson & Anderson and Martin W. Anderson, Santa Ana, for Plaintiffs and Appellants.

OPINION

O'LEARY, J.

In this case, we hold a service contract, supplementing the factory warranty accompanying a new car, is not an express warranty entitling the consumer to the replacement or restitution remedy contained in section 1793.2, subdivision (d) of the Song-Beverly Consumer Warranty Act. (Civ.Code, § 1790 et seq., hereafter Song-Beverly.)1

DaimlerChrysler Corporation (hereafter Chrysler) appeals a judgment...

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