Doppes v. Bentley Motors, Inc.

Opinion

FYBEL, J.

Introduction

August B. Doppes purchased a Bentley automobile that produced an obnoxious odor in its interior. He prevailed at trial against Bentley Motors, Inc. (Bentley), on claims for violation of the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.), breach of express warranty, and breach of implied warranty. The judgment awarded Doppes reimbursement concurrent with his return of the car to Bentley and prejudgment interest at an annual rate of 7 percent.

Bentley did not appeal from the judgment. Instead, eight months after its entry, Bentley filed a motion to set…