Harbaugh v. Yamaha of Santa Cruz
Plaintiff Gary Harbaugh appeals from a judgment following a bench trial, as well as a post-judgment order awarding attorneys fees to defendants Yamaha of Santa Cruz County and Yamaha Motor Corporation USA (Yamaha Motor Corporation).[1] In his complaint, Harbaugh alleged that his motorcycle wobbled and that neither defendant properly repaired the motorcycle despite notice of the condition. Harbaughs causes of action included violation of the Consumers Legal Remedies Act (CLRA) (Civ. Code, 1750 et seq.)[2] and breaches of express and implied warranties under the Song-Beverly Consumer Warranty Act ( 1790 et seq.) and the Magnuson-Moss Warranty Act (15 U.S.C. 2301 et seq.). The trial court found in favor of defendants on all causes of action. Defendants subsequently filed a motion for attorneys fees and costs pursuant to section 1780, subdivision (d) of the CLRA, which authorizes an award of attorneys fees to the prevailing defendant if the court finds the plaintiff did not prosecute the action in good faith. The trial court concluded that Harbaughs action was not prosecuted in good faith and awarded Yamaha of Santa Cruz County $39,024 in attorneys fees and $5,338.05 for costs, and awarded Yamaha Motor Corporation $71,220 in attorneys fees and $4,020 for costs.
Court affirm the post-judgment order.
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