Covert

BACKGROUND AND PROCEDURAL HISTORY

A. The Complaint On August 3, 2016 Covert filed this action against FCA and H.W. Hunter, Inc.,2 asserting causes of action for breach of express warranty and breach of implied warranty in violation of the Song-Beverly Act, and a cause of action for fraudulent concealment. As alleged in the complaint, Covert purchased a 2011 Dodge Ram 2500 pickup truck (the vehicle) from FCA through a Hunter dealership in Lancaster. The vehicle suffered from numerous defects, and between April 2011 and October 2015, Covert brought the vehicle to a licensed repair facility on 15 occasions for warranty repairs. Covert’s complaints included problems with the vehicle’s oxygen sensor, loss of power, engine noise, difficulty starting the engine, and multiple recalls, and on

Hunter joined in both of FCA’s section 998 offers to Covert, but it did not participate in the trial and is not a party to the appeal.

3 at least six occasions the check engine light was illuminated. The complaint further alleged FCA knew and failed to disclose to Covert that the vehicle’s integrated power module suffered from defects that had led to irregular transmission activity and…