Successfully obtained summary judgment for an out-of-state computer seller in an action brought by an in-state consumer electronics association to enjoin sales in California. The association brought a claim under Business & Professions Code §17200 alleging that the seller violated the Song-Beverly Consumer Warranty Act because the seller did not have service and repair facilities in California. The trial court granted summary judgment holding that that section of the Song-Beverly Act violated the commerce clause of the U.S. Constitution. The court of appeal, in a published opinion, affirmed without reaching the constitutional issue. This case is important because it allowed out-of-state mail order companies to offer more consumer choices and a superior service model to California consumers. Resulted in a published opinion, California State Electronics Assn. v. Zeos International Ltd., 41Cal.App. 4th 1270, 49 Cal.Rptr.2d 127 (1996).
Superior Court of California, County of Los Angeles
California Courts of Appeal