New CLRA decision: Bourgi v. West Covina Motors, Inc.

In Bourgi v. West Covina Motors, Inc., ___ Cal.App.4th ___ (Sept. 24, 2008), the Court of Appeal (Second Appellate District, Division Eight) discussed what happens when the CLRA overlaps more specific statutory provisions (here, provisions of the Vehicle Code). The Court determined that the Vehicle Code and CLRA "must be read together" and that the more specific Vehicle Code provisions created what it called a "safe harbor defense" to the CLRA claim. Slip op. 11-13. The Court further held that the trial court erred by not instructing the jury on the defense. Id. at 16-18.