Jensen v. BMW of North America, Inc

In Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112, the plaintiff experienced a recurring brake problem with her BMW, and she returned the car to the dealer for repair multiple times. (Jensen, supra, 35 Cal.App.4th at pp. 120-121.) The brake problem persisted and Jensen sought relief under the Song-Beverly Comsumer Warranty Act for failure to repair. After a jury returned a verdict for Jensen, BMW appealed, arguing there was insufficient evidence to support a finding that BMW failed to adequately repair her car. (35 Cal.App.4th at p. 134.) The Court of Appeal affirmed, finding that there was substantial evidence to support the jury's finding of failure to repair. (Id. at p. 135.) Specifically, the court noted that Jensen experienced the same brake problem after each repair attempt, BMW had issued a service bulletin to dealerships alerting them to the brake problem, and there was expert testimony that the brake problem persisted. (Ibid.)