Smith v. State Bd. of Pharmacy

This action was brought to compel compliance with the Song-Beverly Consumer Warranty Acts requirement that manufacturers of goods sold in California with express warranties provide for local repair facilities to fulfill those warranties. (Civ. Code, § 1793.2, subd. (a)(1)(A).) Defendant Zeos International Ltd. (Zeos), a non-California manufacturer and mail-order distributor of personal computers, moved for summary judgment on grounds the requirement did not apply to it, because its sales are not made in California, or alternatively that the statute was invalid because in conflict with the commerce clause of the United States Constitution and a federal statute. The trial court pretermitted the question of the sections applicability to Zeos, and granted summary judgment on grounds the law was unconstitutional. On plaintiffs present appeal, Zeos reasserts all of the reasons for summary judgment it adduced below. We conclude that Zeos was entitled to judgment because the section did not apply to its sales. We therefore affirm the judgment without reaching the constitutional issues, which the trial court should not have decided.