# 00362990, Daniel & Alva Gluck v. Tiara Yachts, et al. filed 12/2/09

Plaintiff’s Attorney: Lee A. Dresie

Verdict: $1,048,558.90                                          Dept. 43: Hon. Mark S. Borrell

Plaintiffs, who had previously owned as many as four luxury Tiara motor yachts, purchased a Tiara 4300 Sovran motor yacht from Defendant dealer for $647,949.49 in 2006.  Within the next 2-3 years the boat malfunctioned on no less than 4 occasions: generator, steering system, and temperature engine sensors (twice).  Repairs and remedies were provided by boat and engine manufacturer and dealer, including on one occasion outside of the warranty period. Nonetheless, Plaintiffs demanded rescission and that the dealer take back the yacht, alleging breach of warranty of merchantability under the Song-Beverly Act.  Dealer, motor manufacturer and boat manufacturer refused to take back the yacht, contending the boast was in good operational condition, having had all prior complaints of malfunction and defects remedied.  Defendant boat dealer was dismissed prior to trial.  Jury awarded $563,600 .00 for recovery of purchase price and $173.203.00 as consequential expenses.  Post-trial motions resulted in orders of attorney’s fees ($303,750) costs ($2,805.97) and pre-judgment interest (7% on $60,000 from 9/14/09 until 3/14/11) to be added to verdict.

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