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CUMMINS, INC. v. SUPERIOR COURT

No. S117726.

30 Cal.Rptr.3d 823 (2005)

36 Cal.4th 478

115 P.3d 98

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

Supreme Court of California.

July 18, 2005.

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, Patrick J. Wehage and Kody J. Diaz for Petitioner Winnebago Industries, Inc.

No appearance for Superior Court.

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

GEORGE, C.J.

The Song-Beverly Consumer Warranty Act (hereafter sometimes referred to as the Act), Civil Code section 1791 et seq.,1 provides that if a manufacturer or its representative in this state fails to repair a new motor vehicle to conform to any express warranty after a reasonable number of attempts to repair, the manufacturer must replace the vehicle or pay restitution. (§ 1793.2, subd. (d)(2).) The question presented in...

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