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RUIZ NUNEZ v. FCA US LLC

No. B297453 No. B299208.

61 Cal.App.5th 385 (2021)

ANABELL RUIZ NUNEZ, Plaintiff and Appellant, v. FCA US LLC, Defendant and Appellant. ANABELL RUIZ NUNEZ, Plaintiff and Respondent, v. FCA US LLC, Defendant and Appellant.

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

February 26, 2021.

Attorney(s) appearing for the Case

Rosner, Barry & Babbitt, Hallen D. Rosner , Michelle A. Cook ; Strategic Legal Practices and Payam Shahian for Plaintiff and Appellant in No. B297453 and for Plaintiff and Respondent in No. B299208.

Gates, Gonter, Guy, Proudfoot & Muench, Matthew M. Proudfoot ; Horvitz & Levy, Lisa Perrochet , John A. Taylor, Jr. , and Peder K. Batalden for Defendant and Appellant.

OPINION

SUMMARY

In a "lemon law" case involving a used car, the court gave the jury a special instruction, at the request of plaintiff and over defendant's objection, that if a defect existed within the warranty period, the warranty would not expire until the defect had been fixed. That instruction misstated...

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