In Rodriguez v. FCA US, LLC, the Supreme Court today holds remedies available under California’s Song-Beverly Consumer Warranty Act — commonly known as the Lemon Law — don’t apply to owners who buy a defective used car, even if the car is bought from a dealer and still has an unexpired manufacturer’s new car warranty. Horvitz & Levy represented the defendant in the Court of Appeal and the Supreme Court.
The court’s unanimous opinion by Justice Goodwin Liu concludes a car doesn’t fit the Act’s “definition of ‘new motor vehicle’ unless the new car warranty was issued with the sale.”
The court affirms the Fourth District, Division Two, Court of Appeal’s published opinion. It also disapproves the Third District’s decision in Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112. The court denied a petition for review and depublication requests in Jensen.
