Milicevic v. Fletcher Jones Imports, Ltd.
United States Court of Appeals for the Ninth Circuit
402 F.3d 912 (2005)
Marina Milicevic (plaintiff) purchased a new car from Fletcher Jones Imports, Ltd. (Fletcher) (defendant). However, from the outset, the car had problems with the brakes and rear window, forcing Milicevic to bring the car to Fletcher for repairs multiple times. All repairs were made under Fletcher’s limited written warranty. After only seven months from the date of purchase, the car had been in Fletcher’s repair shop for 55 days. Milicevic asked Fletcher to either replace the car, or reimburse her for the cost of the car and take it back. Milicevic did not receive a satisfactory response from Fletcher. Milicevic sued Fletcher, claiming breach of express and implied warranties, as well as violations of Nevada’s lemon law and the federal Magnuson-Moss Warranty Act (M-M Act), 15 U.S.C. §§ 2301-12. [Editor’s Note: The M-M Act is commonly known as the federal lemon law.] After a bench trial, the district court found in favor of Milicevic. Fletcher appealed.
Rule of Law
Holding and Reasoning (Bea J.)
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