Error To Grant New Trial In Lemon Law Case.

In a lemon law action, the trial court denied the truck manufacturer’s motion in limine to exclude evidence of a repair done after the expiration of the warranty. A jury awarded plaintiff restitution value for the vehicle, and the trial court granted a new trial after concluding it erred in denying the motion in limine. The appellate court reversed, finding the trial court erred when it granted a new trial, noting the evidence was, indeed, relevant to establish the transmission was not repaired during the warranty period. The appellate court ordered the judgment against the manufacturer to be reinstated. Donlen v. Ford Motor Company  (Cal. App. Third Dist.; June 14, 2013) (As Mod. July 8, 2013) 217 Cal.App.4th 138.