Noruma Orue v. Ford Motor Service Company

MEMORANDUM

Noruma Orue appeals the district court’s March 30, 2010, grant of summary judgment in favor of Ford Motor Service Company. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court correctly concluded that the service contract sold by Ford did not violate the Song-Beverly Consumer Warranty Act, Cal Civ.Code §§ 1790 et seq., because it provided additional benefits not available under the manufacturer’s express warranty. Under Song-Beverly, a service contract may run concurrently with a manufacturer’s express warranty if “the contract covers items or costs not covered by the express warranty or ... the contract provides relief to the purchaser not available under the express warranty.” Cal. Civ.Code § 1794.41(a)(3). We agree with the district court that the plain language of the statute permits a service contract to overlap or run concurrently with an express warranty so long as it provides some additional benefits not contained in the express warranty.

Here, Ford’s service contract provided three benefits not covered by the manufacturer’s warranty: (1) emergency travel expense reimbursement up to $500; (2) destination assistance of up to…