Paduano

I.

INTRODUCTION

Appellant Gaetano Paduano appeals from a judgment of the trial court in favor of defendant American Honda Motor Company, Inc. (Honda). Paduano purchased a new 2004 Honda Civic Hybrid in June 2004, and subsequently became displeased with the fuel efficiency of the vehicle. Paduano was achieving approximately half of the Environmental Protection Agency’s (EPA) fuel economy estimate that was disclosed on the federally mandated new car label. After Paduano was informed by a service employee at a Honda dealership that driving conditions affect the fuel efficiency of hybrid vehicles more than that of conventional vehicles, and that his Civic Hybrid could achieve higher fuel efficiency only if he significantly altered his driving habits, Paduano requested that Honda repurchase the vehicle from him. When Honda refused, Paduano filed this action in which he alleges one federal and two state law causes of action for breach of warranty, and two state law causes of action for deceptive advertising.

Honda filed a motion for summary judgment in which it argued that the federal Energy Policy and Conservation Act (EPCA; 42 U.S.C. § 6201 et seq.) preempts all of…

I agree with my colleagues’ conclusions that Paduano’s causes of action for breach of warranty under state and federal law are preempted by federal law. However, for the reasons set forth below I would affirm the order granting summary judgment. In my view, Paduano’s false advertising claims under the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq.) and unfair competition law (UCL; Bus. & Prof. Code, § 17200) are also preempted by the Energy Policy and Conservation Act of 1975 (EPCA), title 49 United States Code sections 32901 et seq. because those claims are necessarily predicated on Honda’s representations about fuel economy and the Honda Civic Hybrid’s asserted failure to meet the federal Environmental Protection Agency’s (EPA) estimates as to fuel economy. As I understand the claims suggested in the opposing summary judgment papers and on appeal, Paduano seeks to impose a legal duty on Honda to change its disclosures concerning fuel economy to something different from the EPA estimate. In such a case, 49 United States Code section 32919 (a) and (b) of the EPCA expressly preempt enforcement of his UCL and CLRA causes of action. But I need not reach the question of…

Appellant Gaetano Paduano appeals from a judgment of the trial court in favor of defendant American Honda Motor Company, Inc. (Honda). Paduano purchased a new 2004 Honda Civic Hybrid in June 2004, and subsequently became displeased with the fuel efficiency of the vehicle. Paduano was achieving approximately half of the Environmental Protection Agency's (EPA) fuel economy estimate that was disclosed on the federally mandated new car label. After Paduano was informed by a service employee at a Honda dealership that driving conditions affect the fuel efficiency of hybrid vehicles more than that of conventional vehicles, and that his Civic Hybrid could achieve higher fuel efficiency only if he significantly altered his driving habits, Paduano requested that Honda repurchase the vehicle from him. When Honda refused, Paduano filed this action in which he alleges one federal and two state law causes of action for breach of warranty, and two state law causes of action for deceptive advertising.

Honda filed a motion for summary judgment in which it argued that the federal Energy Policy and Conservation Act (EPCA; 42 U.S.C. ง 6201 et seq.) preempts all of Paduano's claims. In…