David Ortega v. Toyota Motor Sales, USA, Inc.

MEMORANDUM

Experiencing problems nine months after he purchased a certified used car, plaintiff-appellant David Ortega (“Ortega”) brought this warranty action against Toyota Motor Sales, U.S.A., Inc. (“Toyota”). A jury returned a verdict in Ortega’s favor on his breach of implied warranty of merchantability claim. Following trial, Toyota filed a motion for judgment as a matter of law pursuant to Federal Civil Rule 50(b), which the district court granted. We affirm.

Preemption

Ortega first argues the district court erred because the statute relied upon in granting Toyota’s Rule 50(b) motion, Cal. Civ.Code § 1795.5, is preempted by federal law. California Civil Code § 1795.5 provides that all implied warranties shall be coextensive in duration with an express warranty provided by the seller, “but in no event shall such implied warranties have a duration of less than 30 days nor more than three months following the sale of used consumer goods to a retail buyer.” Cal. Civ.Code § 1795.5(c). Ortega argues this statute is preempted by 15 U.S.C. § 2308 (b), which provides that “implied warranties may be limited in duration to the duration of a written warranty of reasonable duration,…