CACI No. 3231. Continuation of Express or Implied Warranty During Repairs (Civ. Code, § 1795.6)

Judicial Council of California Civil Jury Instructions (2023 edition)

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3231.Continuation of Express or Implied Warranty During Repairs
(Civ. Code, § 1795.6)
Regardless of what the warranty says, if a defect exists within the
warranty period and the [consumer good/new motor vehicle] has been
returned for repairs, the warranty will not expire until the defect has
been fixed. [Name of plaintiff] must have notified [name of defendant] of
the failure of the repairs within 60 days after they were completed. The
warranty period will also be extended for the amount of time that the
warranty repairs have not been performed because of delays caused by
circumstances beyond the control of [name of plaintiff].
New June 2012
Directions for Use
Give this instruction if it might appear to the jury from the language of an express
or implied warranty that the warranty should have expired during the course of
repairs. By statute, the warranty cannot expire until the problem has been resolved
as long as the defendant had notice that the defect had not been repaired. (Civ.
Code, § 1795.6(b).)
Sources and Authority
Continuation of Express Warranty During Repairs. Civil Code section 1795.6.
Notice Required in Work Order or Repair Invoice. Civil Code section
“There is no support in the law for instructing the jury that if a defect exists
within the warranty period, the warranty continues in perpetuity until the defect
has been diagnosed and fixed. It was error to give the special instruction, an
incomplete and misleading statement that does not comport with the law of
express warranty or with the lemon law provision on tolling. The proper
instruction was CACI No. 3231.” (Ruiz Nunez v. FCA US LLC (2021) 61
Cal.App.5th 385, 396 [275 Cal.Rptr.3d 618].)
Secondary Sources
4 Witkin, Summary of California Law (11th ed. 2017) Sales, § 323
3 Witkin, California Procedure (5th ed. 2008) Actions, §§ 539, 760
44 California Forms of Pleading and Practice, Ch. 502, Sales, § 502.52 (Matthew
20 California Points and Authorities, Ch. 206, Sales, §§ 206.100, 206.102 (Matthew
21 California Legal Forms: Transaction Guide, Ch. 52, Sales of Goods Under the
Uniform Commercial Code, § 52.128 (Matthew Bender)
30 California Legal Forms: Transaction Guide, Ch. 92, Service Contracts, § 92.52
(Matthew Bender)
3232-3239. Reserved for Future Use

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