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Section 998’s Cost-Shifting Provisions May Apply When Case Ends in Settlement

By Chariese Solorio, Sarah M. Nakamoto, and Kina Wong* A divided court in Madrigal v. Hyundai Motor America (2023) 90 Cal.App.5th 385, as modified on denial of reh’g (May 9, 2023), review filed (June 20, 2023) recently held that the cost-shifting penalty provisions of California Code of Civil Procedure section 998 apply when a case […]

| 6 min read

Component-Part Manufacturers Are Not Required to Indemnify Retail Sellers Under California’s Song-Beverly Consumer Warranty Act Unless Express Warranty Is Provided

By Chariese Solorio, Sarah M. Nakamoto, and Anthony Pimentel* The California Court of Appeal in Mega RV Corp. v. HWH Corp. (2014) 225 Cal.App.4th 1318 held that component-part manufacturers are not obligated to indemnify retail sellers under California Code of Civil Procedure section 1792 of the California Song-Beverly Consumer Warranty Act (the “Act”) unless they […]

| 3 min read

Purchasers of Vehicles from Private Party Sellers Have No Standing Under the Song-Beverly Consumer Warranty Act

By Chariese Solorio, Sarah M. Nakamoto, and Madeline Ward* In Dagher v. Ford Motor Co. (2015) 238 Cal.App.4th 905, the plaintiff purchased a used vehicle in a private sale from the original purchaser. The vehicle had over 12,500 miles and two years left on its five-year express manufacturer’s warranty. Id. at 912. After the purchase, […]

| 2 min read

California Supreme Court Clarifies Possible Lemon Law Damages

By Chariese Solorio, Sarah M. Nakamoto, and Olivia LaCasto* In Kirzhner v. Mercedes-Benz USA, LLC (2020) 9 Cal.5th 966, the California Supreme Court expanded the possible damages that are recoverable under the Song-Beverly Consumer Warranty Act (the “Act”) to include registration renewal and nonoperation fees as incidental damages if such fees were “incurred after the […]

| 3 min read

California Supreme Court Limits Consumer Lemon Law Protection to Vehicles Purchased in California

By Sarah M. Nakamoto, Chariese Solorio, and Paige Sorensen* In Cummins, Inc. v. Superior Court (2005) 36 Cal.4th 478, 483, the California Supreme Court addressed the issue of “whether a buyer who resides in California may bring suit against a manufacturer under the [Song-Beverly Consumer Warranty] Act when the buyer purchased the vehicle in another […]

| 4 min read

FDA Clears Lab-Grown Meat for Human Consumption

The Food and Drug Administration has just indicated that a lab-grown meat product developed by a California start-up is safe for human consumption. “Advancements in cell culture technology are enabling food developers to use animal cells obtained from livestock, poultry, and seafood in the production of food, with these products expected to be ready for […]

| 1 min read

FDA Proposes Updated Definition of ‘Healthy’ for Foods

Today, the FDA proposed updated criteria for when foods can be labeled with the nutrient content claim “healthy” on their packaging. This proposed rule would align the definition of the “healthy” claim with current nutrition science, the updated Nutrition Facts label and the current Dietary Guidelines for Americans. Under the proposal, manufacturers can label their […]

| 1 min read | Tagged: ,

FDA publishes manual on complex product classification for generic development

The US Food and Drug Administration (FDA) recently published a manual of policies and procedures (MAPP) outlining how the Office of Generic Drugs (OGD) will classify which new drugs and drug-device combination products are complex products for generic drug development purposes. The manual  provides definitions and examples of complex drugs and drug-device combination products, as […]

| 1 min read

House passes bill to federally decriminalize marijuana

Today, the US House of Representatives to decriminalize marijuana. The House bill, called the Marijuana Opportunity Reinvestment and Expungement Act, or MORE Act, would remove marijuana from the list of scheduled substances and impose a federal tax on marijuana products. It would also establish a process to expunge prior cannabis convictions. The House voted 220-204 […]

| 1 min read