Aldaco

BACKGROUND

I. The complaint

According to the allegations of the complaint, plaintiffs bought a used 2018 Ford

Explorer in August 2019. They purchased the car from Surf City Auto Group with

37,812 miles on the odometer. The Explorer came with express, written warranties from

Ford, as well as implied warranties of fitness and merchantability. The car was delivered

2 to plaintiffs with serious defects and nonconformities that manifested during the express

warranty period. Plaintiffs took the car to an authorized Ford service representative, and

Ford was unable to conform the car to the express warranty after a reasonable number of

repair attempts. Ford also did not promptly replace the car or make restitution in

accordance with the Act.

On the basis of the foregoing allegations, the complaint alleges three causes of

action under the Act: breach of express warranty, breach of implied warranty, and

violation of section 1793.2 (the refund-or-replace provision). The complaint also alleges

a fourth cause of action for negligent repair against the authorized Ford service

representative, York Enterprises South Inc. That cause of action is not involved in this

appeal; the…