News & Publications

GMSR to California Supreme Court: The Song-Beverly Act’s Express Warranty Protections Apply To Used Cars Sold With Active Manufacturer Warranties

Earlier this year, GMSR convinced the Supreme Court to grant review of Rodriguez v. FCA US LLC’s novel holding that the Song-Beverly Act’s express warranty protections don’t apply to consumers who purchase or lease used cars with active manufacturer warranties.  The grant of review strips Rodriguez of the binding authority it otherwise would have had while creating a compelling appellate issue in all cases in which a trial or appellate court chooses to follow Rodriguez anyway.

GMSR has now filed its opening brief on the merits, arguing that the Act’s express terms, remedial purposes, and legislative history—along with every other tool of statutory interpretation—make clear that used car consumers may enforce active manufacturer warranties under the Act just as any new car consumer could.

Please visit and bookmark GMSR’s regularly updated California Supreme Court Watch page to learn more about this, and other, pending civil cases: