Esparza v. Ford
Plaintiff and appellant Juan Esparza purchased a used vehicle from defendant and respondent Joe MacPherson Ford. The vehicle had mechanical problems. Plaintiff sued defendant for failure to provide a Spanish translation of the sales contract under Civil Code section 1632[1] (section 1632) and for breach of express and implied warranties. Ajury rendered a general verdict in favor of defendant, and the court denied plaintiff’s motions for judgment notwithstanding the verdict (JNOV) and for a new trial.
Plaintiff contends the court erred by denying his JNOV and new trial motions because judgment in his favor was required as a matter of law. He also contends there was insufficient evidence to support the verdict, and the court erred by failing to properly instruct the jury on his breach of warranty claims.
We conclude plaintiff’s motion for JNOV should have been granted onthesection 1632cause of action because the transaction was ne
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