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Plaintiff's lemon law claim fails because it's barred by the statute of limitations

Plaintiff could not show that the statute of limitations was equitably tolled, and, thus, the trial court did not err in granting defendants-Mercedes-Benz USA and Estate Motors' motion for summary disposition because her claims were barred by the statute of limitations. Also, the trial court properly denied plaintiff's motion for reconsideration. Thus, the court affirmed the trial court's order granting defendants' motion for summary disposition and the trial court's order denying her motion for reconsideration. Plaintiff's action stemmed from her purchase of a station wagon manufactured by Mercedes-Benz and sold Estate Motors, Ltd. She asserted claims for breach of contract, breach of warranty, and violation of MCL 257.1402, Michigan's lemon law statute. Plaintiff argued that the trial court erred when it dismissed her complaint because the statute of limitations expired, contending that the statute of limitations was equitably tolled. Plaintiff did not argue that the statute of limitations was not four years. She only contended that it was equitably tolled in this case. Specifically, she asserted that "defendants' acts and omissions caused plaintiff to rely on defendants to solve her complaint, and frustrated her attempt to resolve her complaint before coming to court." However, there was "no indication that defendants made any type of assurances to plaintiff that would give her reason to delay bringing suit." She knew of her concern about her station wagon in 2006. She made contact directly with Mercedes-Benz USA's call center and several dealerships, including Estate Motors, "none of which offered her any assurances that her concern about the vehicle would be remedied." She was "consistently told that the vehicle was operating according to its design."

Antenuptial agreement held to be valid and enforceable

The court held that the parties' antenuptial agreement was valid and enforceable, concluding that to invalidate it on the basis of one party's fault would contravene the agreement's clear and unambiguous language, and that as a matter of law, the...

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