LOS ANGELES — Law firm Greenberg Glusker reported Tuesday that it secured a $1.1 million judgment on behalf of its client in a Song-Beverly Consumer Warranty Act case against Tiara Yachts and Volvo Penta of The Americas.
The two-week jury trial in the Superior Court of California, County of Ventura, recently concluded.
According to a statement from the law firm, their client, who is a 20-year boating enthusiast, had been a loyal customer of Tiara Yachts prior to purchasing a new Tiara 4300 Sovran in late 2006. After experiencing four failures in the first 66 hours of operation, the client “attempted to exercise his right of rescission under California law.” The boat manufacturer and engine manufacturer refused the client’s demand to buy back the boat. This refusal led to a suit against both manufacturers for breaching their obligations under California’s Song-Beverly Consumer Warranty Act.
The Greenberg Glusker trial team focused its arguments on California’s implied warranty of merchantability, which provides that even if a manufacturer complies with an express warranty, all consumer goods sold in California must possess a basic level of quality when they are sold.