After a trial judge granted a nonsuit in favor of Hyundai Motor America and a Hyundai dealer, California’s Fourth District Court of Appeal ruled that a defective sunroof constitutes a breach of implied warranty of merchantability.
Plaintiff Ilan Brand leased a Hyundai Genesis in January 2012, according to the court’s opinion. The next day, its sunroof began spontaneously and repeatedly opening and closing. He returned the car to the dealer, but it still was not fixed nine days later. Brand sought to rescind his lease and recover his $6,000 deposit. Hyundai refused.
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