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Lukather v. Gen Motors, LLC, No. B209979

By FindLaw Staff on February 05, 2010 | Last updated on March 21, 2019

In plaintiff's suit against General Motors pursuant to the Song-Beverly Consumer Warranty Act, judgment of the trial court in favor of plaintiff is affirmed where: 1) there was sufficient evidence to support the trial court's willfulness finding; 2) defendant provided neither legal authority nor any equitable ground to support its mitigation of damages defense; and 3) defendant failed to show that the trial court abused its discretion in awarding prejudgment interest, attorney's fees and costs. 

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Appellate Information

Filed February 4, 2010


Opinion by Judge Mallano

For Appellant:   Ruben & Sjolander and David N. Ruben

For Appellee:   Lawrence J. Hutchens

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