In Gavaldon, the plaintiff bought a new Dodge Caravan minivan that came with DaimlerChrysler’s standard 3 year/36,000 mile basic warranty plus 7 year/70,000 mile power train coverage. The Song-Beverly Consumer Warranty Act, Civil Code section 1791 et seq., provides that when a manufacturer does not repair a motor vehicle to conform to an express warranty after “a reasonable number of attempts,” the buyer may opt to have the item replaced or may return the item and obtain restitution for its cost. 4th 1246, the California Supreme Court found that service contracts are not express warranties under the Song-Beverly Consumer Warranty Act and the Act did not otherwise authorize replacement or restitution as a remedy for breaches of service contracts.
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