MacQuiddy v. Mercedes-Benz USA, LLC
Annotate this CaseAfter experiencing problems with his Mercedes-Benz that required multiple repair attempts, MacQuiddy filed suit under the Song-Beverly Consumer Warranty Act (Civ. Code, 1790) and the Magnuson-Moss Warranty Act (15 U.S.C. 2301), seeking a refund for the car and a civil penalty for the alleged willful violation of the Act. Mercedes-Benz admitted it had not been able to conform the car to the applicable warranties within the time frames set forth in the Act and that it had not yet replaced the car or made restitution, but asserted it would offer to reimburse MacQuiddy as required under the Act. MacQuiddy subsequently rejected a statutory offer to compromise in which Mercedes-Benz offered to repurchase the car for an amount consistent with the Act, and to pay MacQuiddy’s attorney fees and costs incurred up to that point. A jury found Mercedes-Benz did not willfully fail to comply with the Act. The court of appeal affirmed in part, but reversed an order denying MacQuiddy costs and awarding costs to Mercedes-Benz. On remand, the court is to permit MacQuiddy to file a new Memorandum of Costs, and to recalculate such costs without regard to Mercedes-Benz’s section 998 offer. An order denying attorney fees was affirmed.
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