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CUMMINS, INC. v. SUPERIOR COURT

No. E032377.

1 Cal.Rptr.3d 129 (2003)

109 Cal.App.4th 1385

CUMMINS, INC., et al., Petitioners, v. The SUPERIOR COURT of Riverside County, Respondent; Edward D. Cox et al., Real Parties in Interest.

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

Review Granted September 10, 2003.

Attorney(s) appearing for the Case

Foley & Lardner, Tami S. Smason, Leila Nourani, and Shauhin Talesh, Los Angeles, for Petitioner Cummins, Inc.

Sutton & Murphy, Thomas M. Murphy, Mission Viejo, and Patrick J. Wehage, for Petitioner Winnebago Industries, Inc.

No appearance for Respondent.

Law Offices of Lawrence J. Hutchens, Lawrence J. Hutchens and Michael S. Humphries, Bellflower, for Real Parties in Interest.

OPINION

GAUT, Acting P.J.

We hold that Civil Code section 1793.2, subdivision (d),1 a provision of the Song-Beverly Consumer Warranty Act (the Act), section 1790 et seq., may be applied to a manufacturer whose goods are sold in this state even though the particular good in question was purchased in another state. We conclude, therefore, that the defendant manufacturer's motion for summary adjudication was properly denied by the...

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