Davis v. Newmar Corp.

Opinion

ASHMANN-GERST, J.

Following a jury verdict in favor of respondent Darin R. Davis (Davis), appellants Newmar Corporation (Newmar) and La Mesa R.V. Center, Inc. (La Mesa), filed the instant appeal, challenging the trial court’s orders denying their pretrial motion to dismiss and their posttrial motion for judgment notwithstanding the verdict or for a new trial. While this appeal was pending, the Supreme Court’s decision in

Cummins, Inc. v. Superior Court

(2005) 36 Cal.4th 478 [30 Cal.Rptr.3d 823, 115 P.3d 98]

(Cummins)

was rendered. Pursuant to

Cummins,

we reverse the trial court’s order denying the pretrial motion to dismiss. It follows that the judgment against appellants is reversed as well.

FACTUAL AND PROCEDURAL BACKGROUND

In 2001, Davis negotiated terms for the purchase of a new 2002 Newmar Dutch Star motor home with retailer La Mesa, which is located in California. The sales contract provides that California law applies to the transaction. Consistent with California law, one of the terms of the sale required La Mesa to deliver the motor home to Davis in Nevada.

[277]

After delivery, respondent claimed that the motor home suffered defects, and La Mesa made repairs to the motor home. Dissatisfied with the repairs, Davis requested his money back. When Newmar refused, Davis filed suit for violation of the Song-Beverly Consumer Warranty Act (the Act), Civil Code section 1790 et seq.,

1

against Newmar, the manufacturer of the motor home, and Freightliner Custom Chassis Corporation (Freightliner),

2

the chassis manufacturer. The complaint also sought rescission and revocation of acceptance against La Mesa.