In an action for breach of the Lemon Law Act, is a plaintiff entitled to damages for emotional distress?

California, United States of America


The following excerpt is from Bishop v. Hyundai Motor America, 44 Cal.App.4th 750, 52 Cal.Rptr.2d 134 (Cal. App. 1996):

The award for emotional distress damages must also be reversed for the reasons stated above; that is, because they may not be recovered in an action for breach of contract, they are unavailable in an action based on the Act. To the extent she argues emotional distress damages are recoverable under the tort theory of willful violation of the "Lemon Law" statute, for the reasons expressed in Kwan v. Mercedes-Benz of North America, Inc., supra, 23 Cal.App.4th 174, 28 Cal.Rptr.2d 371, we reject this contention.

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