California Supreme Court Watch

#24-138 Stiles v. Kia Motors America, S285433.  (B325798; 101 Cal.App.5th 913; Ventura County Superior Court; 56-2019-00527171-CU-BC-VTA.)  Petition for review after the Court of Appeal reversed the judgment in a civil action.  The court ordered briefing deferred pending decision in Rodriguez v. FCA US, LLC, S274625 (#22-187), which presents the following issue:  Is a used vehicle that is still covered by the manufacturer’s express warranty 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 a manufacturer’s new car warranty”?

Petition for review granted; briefing deferred: 7/24/2024

Transferred to CA 2/6 after hold: 1/22/2025

“The above-captioned matter is transferred to the Court of Appeal, Second Appellate District, Division Six, with directions to vacate its decision and reconsider the cause in light of Rodriguez v. FCA US, LLC (2024) 17 Cal.5th 189. (Cal. Rules of the Court, rule 8.528(d).) As explained in Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21, and California Rules of Court, rule 8.1115(e)(3), corresponding comment, par. 3, the opinion is hereby rendered either ‘depublished’ or ‘not citable.'”

Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins and Evans, JJ.

See the Court of Appeal Opinion.

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