Ayers

BACKGROUND

FCA manufactures and sells motor vehicles, including Jeeps. Plaintiff purchased a new Jeep Grand Cherokee in March 2013. The total sale price of the vehicle was $57,300. Plaintiff experienced numerous problems with the Jeep during his first three years of ownership. Frustrated, he asked FCA to repurchase it in November 2015. FCA refused. Plaintiff retained counsel. In March 2016, after plaintiff opted out of a class action settlement pertaining to vehicles like his, FCA made a written offer to repurchase plaintiff’s Jeep. His counsel contacted FCA to discuss settlement but no settlement was reached. Plaintiff then sued. Plaintiff’s complaint included causes of action against FCA for violations of Song-Beverly and fraudulent inducement. Remedies under Song-Beverly include restitution equal to the price paid for the vehicle as well as discretionary civil penalties

Undesignated statutory references are to the Code of Civil Procedure.

2 in an amount up to double a buyer’s actual damages (i.e., potentially three times the price paid). (Civ. Code, § 1794, subds. (b), (c), § 1793.2, subd. (d).) In July 2016, about a month after plaintiff filed his complaint, FCA served…