Rhode v. Fleetwood Motor Homes of Cal.
In this action under the Song-Beverly Consumer Warranty Act (the Act), Civil Code section 1791 et seq.,[1]brought by purchasers of a motor home for breach of express and implied warranties, plaintiffs and appellants William Rhode and Lisa J. Rhode appeal from a judgment following the granting of summary judgment in favor of defendant and respondent Caterpillar, Inc. The Rhodes also appeal from the granting of judgment on the pleadings without leave to amend in favor of defendants and respondents Fleetwood Motor Homes of California, Inc. and Niels Motor Homes, Inc. The Rhodes contend there are triable issues of fact as to whether an engine failure resulted in the motor home being unfit for its ordinary purpose and Caterpillars failure to return the repaired motor home at Caterpillars own expense within 30 days constituted a breach of the express warranty. Finding no triable issue of fact as to both issues, Court affirm the judgment.
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