Dagher

Plaintiff and appellant Greg Dagher (Plaintiff) sued defendant and respondent Ford Motor Company (Ford), alleging violations of the Song-Beverly Consumer Warranty Act (the Act) (Civ. Code, § 1790 et seq.; all further statutory references are to this code unless noted). In 2009, Plaintiff bought a used Ford 2006 vehicle in a private sale, then determined its engine needed substantial repairs. He obtained them by using Ford’s transferable, unexpired express warranty that the private party sellers had originally been issued upon their purchase of the vehicle, new, from a Ford dealer. Plaintiff contends the warranty repairs attempted by the dealer were unsuccessful and he is entitled to the statutory remedies in the Act, the same as the original purchasers could have sought, including restitution, damages, and civil penalties. (§ 1793.2 [refund or replacement].) Based on the remedial purposes of the Act, Plaintiff contends that this statutory right of action was transferred to him, along with ownership of the vehicle and its express warranty. (Cal. U. Com. Code, § 2313; Jensen, supra, 35 Cal.App.4th 112, 121-126 [Act contains protections and remedies for certain subsequent…