California Supreme Court Watch

#23-92 Williams v. FCA US LLC, S279051. (C091902; 88 Cal.App.5th 765; Butte County Superior Court; 17CV02617.) Petition for review after the Court of Appeal reversed the judgment in a civil action. The court ordered briefing deferred pending decision in Niedermeier v. FCA US LLC, S266034 (#21-50), which presents the following issues: (1) Does the statutory restitution remedy under the Song-Beverly Act (Civ. Code, § 1790 et seq.) necessarily include an offset for a trade-in credit? (2) If the amount that a consumer has received in a trade-in transaction must be subtracted from the consumer’s recovery, should that amount be subtracted from the statutory restitution remedy or from the consumer’s total recovery? and 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: 5/03/2023

See the Court of Appeal Opinion.

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