How To Prove A California Breach of Warranty Claim

In California, a claim of Breach of Warranty is defined as:
A breach or failure to meet requirements with regard to the title, the quality or the actual condition of the product or service sold. Usually refers to defective merchandise and general requirements of what it must meet (e.g., the need to be able to pass title to the purchaser after sale) but may also apply to real property as well.
It simply means:
The seller of a product is liable when the product or service fails to meet promises that were made about that product or service.
There are 3 elements of the claim:
- Element 1. The plaintiff bought a consumer good. The plaintiff purchased a product, like a smartphone or a washing machine, that was expected to work properly and meet certain standards, which is a key part of proving a Breach of Warranty Claim.
Facts that might support this element look like:
* The plaintiff purchased a new washing machine from a local appliance store on March 15, 2023.
* The washing machine was advertised as having a one-year warranty covering defects in materials and workmanship.
* The plaintiff paid $800 for the washing machine, which was delivered to their home the following day.
* The plaintiff retained the original receipt and warranty documentation as proof of purchase.
* The washing machine was used in accordance with the manufacturer’s instructions from the date of purchase. - Element 2. The defendant who sold the consumer good was in the business of selling these goods. In a Breach of Warranty Claim, it must be shown that the person who sold the product was a business that regularly sells such goods, meaning they are not just an occasional seller but someone whose job involves selling these items.
Facts that might support this element look like:
* The defendant operates a retail store that specializes in selling consumer electronics, including the specific good in question.
* The defendant has been in the business of selling consumer goods for over five years, consistently offering a wide range of products to customers.
* The defendant advertises the goods for sale through various marketing channels, indicating a commercial intent to sell.
* The defendant maintains a business license specifically for the sale of consumer goods, demonstrating compliance with local regulations.
* The defendant has a dedicated sales team trained to assist customers with inquiries about the goods, further indicating a business operation. - Element 3. The consumer good lacked the same quality as what is generally acceptable in the trade of that good, was unfit for the ordinary purposes for that good, was not sufficiently packaged or labeled and did not satisfy the label’s description or promise. The product didn’t meet the usual quality standards, wasn’t suitable for its intended use, was poorly packaged or labeled, and failed to match the claims made on its label.
Facts that might support this element look like:
* The product was found to have a significantly shorter shelf life than similar items available in the market, indicating inferior quality.
* The item failed to perform its intended function, resulting in damage to the consumer’s property, which is not typical for goods of its kind.
* The packaging was torn and did not provide adequate protection, leading to contamination of the product before purchase.
* The label claimed the product was organic, yet it contained synthetic ingredients, misleading the consumer about its true nature.
* The product’s texture and appearance were inconsistent with industry standards, suggesting a lack of quality control during manufacturing.
(See California Civil Jury Instructions (CACI), No. 3210.)
If you’re representing yourself in court and plan to assert a Claim of Breach of Warranty, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively navigate your legal journey.
Prove Your CA Breach of Warranty Claim
U.S. Civil Cases Only