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Conditional Offer Satisfied Duty Under State’s ‘Lemon Law’

The Court of Appeal for this district has affirmed a summary judgment in favor of the maker of Volkswagens in a suit under the state’s “Lemon Law,” holding, in a 2-1 decision, that the plaintiff cannot prove damages because the defendant offered to refund the amounts paid under a lease, minus a reasonable usage charge, with a “goodwill” allotment of $3,000 in attorney fees tossed in—with the proviso, however, that financial terms be kept confidential.

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