Daugherty v. American Honda Motor Co., Inc.

Bad Law
144 Cal. App. 4th 824·51 Cal. Rptr. 3d 118
Court of Appeal of CaliforniaNovember 8, 2006B186402California6,120 words

Opinion

Opinion

Boland, J.

SUMMARY

Plaintiffs brought a nationwide class action lawsuit alleging an automobile manufacturer breached its express warranties and violated federal and state consumer protection laws, by failing to disclose an engine defect that did not cause malfunctions in the automobiles until long after the warranty expired. The trial court sustained the manufacturer’s demurrer to the second amended complaint without leave to amend. Finding no breach of warranty and no violation of federal or state statutes in the conduct alleged in the complaint, we affirm the judgment of dismissal.

FACTUAL AND PROCEDURAL BACKGROUND

On December 31, 2003, Elizabeth A. Daugherty and 11 other plaintiffs (collectively, Daugherty or plaintiffs) filed a nationwide class action lawsuit against American Honda Motor Co., Inc., and related companies. The putative class consisted of persons and entities in the United States, Puerto Rico and the United States Virgin Islands who purchased or leased model year 1990-1997 Accord and Prelude automobiles equipped with a type of engine denominated the F22 engine. The suit alleges the F22 engine manufactured by Honda had a defect resulting, over time, in the…

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