C.A. 2nd;
B251752
The Second Appellate District affirmed a judgment in part, reversed in part, and remanded the action for further proceedings. The court held that a plaintiff was not a prevailing party entitled to recovery of attorney fees under the Song-Beverly Consumer Warranty Act where a manufacturer’s restitution liability for a defective automobile was not contested at trial and the plaintiff failed to achieve his main litigation objective of recovering a civil penalty under the Act. The court held further that the auto maker’s statutory offer of settlement was invalid as conditional where it offered to repurchase the vehicle in an undamaged condition, but for normal wear and tear.
