Rodriguez v. FCA US, LLC

Summary

The court held that a used vehicle qualifies as a "new motor vehicle" under the Song-Beverly Consumer Warranty Act only when the manufacturer's new-car warranty was issued with the sale, not merely when an unexpired warranty remained from an earlier sale. Because the plaintiffs purchased a two-year-old vehicle with remaining warranty coverage from a used-car dealer, the refund-or-replace remedy did not apply. The court affirmed the Court of Appeal and disapproved Jensen to the extent it was inconsistent with this interpretation.