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JIAGBOGU v. MERCEDES-BENZ USA

No. B163974.

13 Cal.Rptr.3d 679 (2004)

118 Cal.App.4th 1235

Azubueze JIAGBOGU, Plaintiff and Respondent, v. MERCEDES-BENZ USA, Defendant and Appellant.

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

May 24, 2004.

Attorney(s) appearing for the Case

Bannan, Green, Frank & Terzian, Ronald F. Frank, Jemal K. Yarbrough, Los Angeles, and Peter S. Sessions for Defendant and Appellant.

Norman Taylor & Associates and René Korper, Glendale, for Plaintiff and Respondent.

EPSTEIN, Acting P.J.

Defendant Mercedes-Benz USA, Inc. (MBUSA) appeals from a judgment in favor of plaintiff Azubueze Jiagbogu in an action for breach of express and implied warranties under the Song-Beverly Consumer Warranty Act (Act) (Civ.Code, §§ 1790-1795.7). (All further statutory references are to the Civil Code unless otherwise specified.) MBUSA argues the trial court erred by not instructing on waiver of right to rescind, on statutory offsets for...

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