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BOURGI v. WEST COVINA MOTORS, INC.

No. B195738.

166 Cal.App.4th 1649 (2008)

TAREK BOURGI, Plaintiff and Respondent, v. WEST COVINA MOTORS, INC., et al., Defendants and Appellants.

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

September 24, 2008.

Attorney(s) appearing for the Case

Oldman, Cooley, Sallus, Gold, Birnberg & Coleman, Ron Gold; Law Offices of Norman Hoffman and Norman Hoffman for Defendants and Appellants.

Manning, Leaver, Bruder & Berberich and Halbert B. Rasmussen for California Motor Car Dealers Association as Amicus Curiae on behalf of Defendants and Appellants.

Dumbeck & Dumbeck, Jason D. Dumbeck and Curtis M. King for Plaintiff and Respondent.

OPINION

FLIER, J.

Does damage to a new automobile in a dealer's inventory, however minor and regardless of repair, necessarily strip the vehicle of its status as "new" under the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq.)? After considering the Vehicle Code's definition of "new vehicle" (§ 430), and its damage disclosure (§§ 9990-9993) and safe harbor...

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