Bourgi v. West Covina Motors, Inc.

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 provisions for minor repaired damage (§§ 9990, 9991), we hold that it does not. However, under the circumstances of the case, the trial court should have allowed the jury to determine as an issue of fact whether repairs made to…