California Supreme Court Watch

#23-24 Figueroa v. FCA USA, LLC, S277547. (B306275, B308339; 84 Cal.App.5th 708; Ventura County Superior Court; 56-2018-00507038-CU-BC-VTA.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court ordered briefing deferred pending decision in Niedermeier v. FCA US LLC, S266034 (#21-50) which presents the following issues: (1) Does the statutory restitution remedy under the Song-Beverly Act (Civ. Code, § 1790 et seq.) necessarily include an offset for a trade-in credit? (2) If the amount that a consumer has received in a trade-in transaction must be subtracted from the consumer’s recovery, should that amount be subtracted from the statutory restitution remedy or from the consumer’s total recovery?

Petition for review granted; briefing deferred: 2/01/2023

Dismissed and remanded to CA 2/6: 5/01/2024

See the Court of Appeal Opinion.

See the Petition for Review.

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