Travis Gonzales v. Carmax Auto Superstores

MEMORANDUM

I. Song-Beverly Act

The Song-Beverly Act provides that “every sale of consumer goods that are sold at retail in this state shall be accompanied by the manufacturer’s and the retail seller’s implied warranty that the goods are merchantable.” Cal. Civ. Code § 1792 . “[A] core test of merchantability is fitness for the ordinary purpose for which such goods are used,” which means “the product is in safe condition and substantially free of defects.” Brand v. Hyundai Motor Am., 226 Cal.App.4th 1538, 1546 , 173 Cal.Rptr.3d 454 (2014) (internal citations and quotation marks omitted).

Gonzales alleged numerous defects with the car, but failed to allege that any of the defects persisted over time despite making adequate repair attempts, or that the defects were so significant as to render the car incapable of providing safe and reliable transportation. Cf. id. at 462. We affirm the district court’s dismissal of Gonzales’s claim under the Song-Beverly Act.

II. Fraud and Deceit

Rule 9(b) of the Federal Rules of Civil Procedure states that when alleging fraud, “a party must state with particularity the circumstances constituting fraud or mistake.” The district court held that…