CACI 3231 Continuation of Express or Implied Warranty During Repairs (Civ. Code, § 1795.6)

California Civil Jury Instructions CACI

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].

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 1793.1(a)(2).

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 Bender)
20 California Points and Authorities, Ch. 206, Sales, §§ 206.100, 206.102 (Matthew Bender)
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)