Takai v. FCA US CA4/3

Filed 8/8/23 Takai v. FCA US CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

JEFFREY K. TAKAI,

Plaintiff and Appellant, G061170

v. (Super. Ct. No. 30-2019-01097922)

FCA US LLC et al., OPINION

Defendants and Respondents.

Appeal from a judgment of the Superior Court of Orange County, Melissa R. McCormick, Judge. Affirmed. Law Offices of Jim O. Whitworth and Jim O. Whitworth for Plaintiff and Appellant. Horvitz & Levy, Lisa Perrochet and Jonathan Z. Morris; Clark Hill, Michael B. Sachs and Brian M. Hom for Defendant and Respondent FCA US LLC. Schlichter, Shonack and Keeton, Kurt A. Schlichter, Steven C. Shonack and Kim Tabin Mann for Defendant and Respondent Mike Thompson Recreational Vehicles.

INTRODUCTION This case demonstrates the importance of adequate briefing. As we have said in the past, “appellate practice entails rigorous original work in its own right. . . . [T]he appellate brief offers counsel probably their best opportunity to craft work of original, professional, and, on occasion, literary value.” (In re Marriage of Shaban (2001) 88 Cal.App.4th 398, 410.) Appellant’s brief cannot be said to be even minimally compliant with the California Rules of Court, let alone a “work of literary value.” There is little for us to consider, because despite 43 pages of briefing, appellant says very little that is coherent. If there are arguable issues in this brief, they are obscured by cant, vitriol and borderline contempt. We were unable to discuss this with counsel because he did not appear for oral argument. We have no choice but to affirm the trial court’s judgment. FACTS Jeffrey Takai, a dentist and dental surgeon, purchased a 2018 Hymer Banff recreational vehicle (RV) from Mike Thompson Recreational Vehicles (MTRV) in October 2018. The total purchase price was $124,200.80. The RV was manufactured by Erwin Hymer Group, and it contained a chassis manufactured by FCA US LLC (FCA). In September 2019, Takai filed a complaint against FCA and MTRV claiming breaches of express and implied warranties under the Song-Beverly Consumer Warranty Act, Civ. Code, § 1790 et seq.1 Specifically, there were three causes of action. The first was against FCA for breach of express warranty. The second was against both defendants for breach of implied warranty. And the third was a fraud claim against MTRV only. The fraud claim alleged MTRV concealed it had altered the vehicle’s odometer to make the vehicle appear new. Also, Takai alleged MTRV concealed known issues with the vehicle’s electrical system.