We disagree, because no implied warranties exist. Leber first contends triable issues remain because he can pursue claims of breach of implied warranty of merchantability or breach of implied warranty of fitness for a particular use. The dispute revolves around the special definition of a new vehicle under the Act, and the effect, if any, of the as-is clause in the Buyer's Guide provided by DKD in this case, because of the alleged existence of the transferable General Motors warranty. There is no dispute that the Silverado was not a new vehicle as that term is used in common parlance, and no dispute that DKD sold it with an as-is disclaimer in the Buyer's Guide. In conducting our de novo review, we must view the evidence in a light favorable to plaintiffs, liberally construing their evidentiary submission while strictly scrutinizing defendant's showing, and resolving any evidentiary doubts or ambiguities in plaintiffs' favor." ( Salas, supra, 198 Cal.App.4th at p.
WORDOR RECONDITIONING TRIAL
We consider all the evidence offered in connection with the motion, except that which the trial court properly excluded. "We review the trial court's grant of summary judgment de novo. "In reviewing a defense summary judgment, we apply the traditional three-step analysis used by the trial court, that is, we (1) identify the pleaded issues, (2) determine if the defense has negated an element of the plaintiff's case or established a complete defense, and if and only if so, (3) determine if the plaintiff has raised a triable issue of fact." ( Meddock, supra, 220 Cal.App.4th at p. The trial court ruled DKD produced evidence it did not give Leber an express warranty, and Leber provided no contrary evidence, but instead bought the Silverado as is, which precluded the existence of any implied warranty by DKD.
However, DKD did not dispute that the General Motors warranty had not expired at the time of sale. 2ĭKD replied that Leber had not refuted that Leber acknowledged on sale that the Silverado was "used" and sold "as is" with no warranty from DKD. The trial court sustained objections to some of Leber's evidence including evidence showing how other dealers filled out the Buyer's Guide to account for the transfer of a manufacturer's warranty. Leber also proffered several opposing facts, including that the General Motors warranty was transferrable to subsequent owners, and General Motors had paid for the unsuccessful attempts to fix the alleged defect. Leber opposed DKD's motion with a combination of legal arguments and facts regarding a warranty by General Motors. The dealer assumes no responsibility for any repairs." The "as-is" part states: "YOU WILL PAY ALL COSTS FOR ANY REPAIRS. During the sale now at issue, Leber signed various documents, including a "Buyer's Guide" which states the Silverado was bought "used," "AS IS-NO WARRANTY," and with over 10,000 miles on it. Leber alleged the Silverado was "a new motor vehicle," and DKD and General Motors issued an "`express warranty.'" The Silverado has a defect, despite a reasonable number of repairs, and is not fit for ordinary purposes, but neither defendant replaced it or offered restitution.ĭKD denied the allegations, pleading Leber did not state a claim under the Act, no warranty was given, and the Silverado was sold "as is."ĭKD presented evidence the truck had previously been sold to another buyer, who traded it in nearly a year later. In the operative complaint, Leber sued DKD and General Motors Company (not a party on appeal) under the Act. Leber timely appeals from a judgment following the trial court's order granting DKD summary judgment. (DKD), under California's "lemon law," 1 after buying a Silverado truck with an allegedly defective transmission. Please remember to mark the replies as answers if they help.Justin Leber and Katherine Neumann (collectively, Leber) sued DKD of Davis, Inc. Use this new profile and confirm if the issue can be fixed. Set "When starting Microsoft Outlook, use this profile: Prompt for a profile to be used". To do it, go to Control Panel > Mail > Show Profiles > Add, then setup this problematic account in new profile. If it doesn't work, we can try to create a new Outlook profile for further troubleshooting. Open attachments in Outlook 2016 to have a try.
To start Outlook safe mode, open Run in Windows, type I suggest you can try to start Outlook in safe mode and confirm if the issue can be fixed in safe mode. I tried to open Outlook attachment in the same version (.1000) as yours.
If I save the attachment on the desktop to open it, the file will not crash.
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