Lopez

INTRODUCTION

To regulate the accuracy of commercial measuring instruments, California has adopted the tolerance standards set by the National Institute of Standards and Technology (NIST). Business and Professions Code section 12500, subdivision (c), 1 provides, in substance, that any commercial measuring instrument that is accurate within the relevant NIST tolerance standard is “correct.”

*576 The instant case, a class action brought by plaintiffs Michael Lopez, Gale Somadi, Nu Butthajit, Thomas Estrada, and Calvin Chambers against defendants Nissan North America, Inc. (NNA), and Nissan Motor Acceptance Corporation (collectively, Nissan), involves the accuracy of passenger vehicle odometers, one of the measuring instruments governed by the NIST standards. 2 The odometers at issue allegedly overregister mileage by approximately 2 percent. Although the alleged miscalibration is within the applicable 4 percent tolerance, plaintiffs contend that the odometers nonetheless are not “correct” under section 12500, subdivision (c).

We hold that passenger vehicle odometers are “correct” if they register actual mileage within the 4 percent tolerance and the designer or…