California Supreme Court Watch

#22-187 Rodriguez v. FCA US, LLC, S274625. (E073766; 77 Cal.App.5th 209; Riverside County Superior Court; RIC1807727.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents the following issue: Is a used vehicle that is still covered by the manufacturer’s express warranty a “new motor vehicle” within the meaning of Civil Code section 1793.22, subdivision (e)(2), which defines “new motor vehicle” as including a “motor vehicle sold with a manufacturer’s new car warranty”?

Petition for review granted: 7/13/2022

Case fully briefed: 5/12/2023

Cause argued and submitted: 9/04/2024 (GMSR’s Cindy Tobisman argued for the petitioner)

Opinion published; judgment affirmed in full: 10/31/2024

See the Court of Appeal Opinion.

See the Petition for Review filed by Greines, Martin, Stein & Richland LLP.

See the Reply in Support of Petition Review filed by Greines, Martin, Stein & Richland LLP.

See the Opening Brief on the Merits filed by Greines, Martin, Stein & Richland LLP.

See the Reply Brief on the Merits filed by Greines, Martin, Stein & Richland LLP.

See the Petitioners’ Answer to Amicus Briefs filed by Greines, Martin, Stein & Richland LLP.

See the Oral Argument.

See the California Supreme Court Opinion.  (Rodriguez v. FCA US, LLC (2024) 17 Cal.5th 189.)

“We conclude that a motor vehicle purchased with an unexpired manufacturer’s new car warranty does not qualify as a ‘motor vehicle sold with a manufacturer’s new car warranty’ under section 1793.22, subdivision (e)(2)’s definition of ‘new motor vehicle’ unless the new car warranty was issued with the sale. We affirm the judgment of the Court of Appeal.”

Justice Liu authored the opinion of the Court, in which Chief Justice Guerrero and Justices Corrigan, Kruger, Groban, Jenkins, and Evans concurred.

In the news: Cooley, ‘Lemon Law’ Excludes Used Cars With Unexpired Warranty, Metropolitan News-Enterprise (Nov. 1, 2024).