Rodriguez

FACTS

In 2013 plaintiffs purchased a 2011 Dodge Ram 2500 from the Pacific Auto

Center in Fontana. The truck originally came with a basic three-year/36,000 mile

bumper-to-bumper warranty and a five-year/100,000 mile limited powertrain warranty,

which covers the engine, transmission, and drive system. At the time of the sale, the truck

had over 55,000 miles on it and its basic warranty had expired, though an unspecified

balance remained on the powertrain warranty.

A year later, the truck’s check engine light came on and plaintiffs took it to an

authorized Chrysler dealer in Hemet for repair. The dealer appeared to fix the issue, but

over the next year or so (through May 2015), the check engine light came on repeatedly,

necessitating five additional trips to the same dealer for service.

On April 30, 2018, plaintiffs sued FCA alleging four causes of action, only one of

which is at issue in this appeal—violation of section 1793.2, subdivision (d)(2), the Act’s

“new motor vehicle” refund-or-replace provision. Plaintiffs alleged the truck suffered

defects in its Totally Integrated Power Module (TIPM), an enclosed device in the engine

3 compartment that contains a circuit…