Tomorrow morning, the Supreme Court will file its opinion in Rodriguez v. FCA US, LLC. (Briefs here; oral argument video here.)
The issue in the case is whether a used vehicle that is still covered by the manufacturer’s express warranty is 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 manufacturer’s new car warranty.” Section 1793.22 is part of the Song-Beverly Consumer Warranty Act, which is also known as California’s “Lemon Law.” The court granted review in July 2022. Horvitz & Levy is appellate counsel for the defendant. More about the case here and here.
The Rodriguez opinion will be the second in the three cases argued in September. The opinion in the third case should file by December 2. The other argued but undecided cases are the four that were on the October calendar, with opinions in those due by January 6, 2025.
The Rodriguez opinion can be viewed tomorrow starting at 10:00 a.m.