Verastegui
Verastegui v. Ford Motor Company
Opinion
Trial Court Opinion
I. BACKGROUND
25 On or about August 2009, Verastegui purchased a 2010 Ford Focus (the “Vehicle”). See 26 Compl. ¶ 8. The purchase came with three express written warranties: (1) a 3-year/36,000 mile 27 express bumper to bumper warranty, (2) a 5-year/60,000 mile powertrain warranty which, inter alia, covers the engine and transmission and, (3) an 8-year/100,000 mile hybrid electrical part warranty. Id. ¶ 9. The warranties provided that in the event a defect developed with the Vehicle during the warranty period, “Plaintiff could deliver the Vehicle for repair services to Defendant [Ford]’s representatives and the Vehicle would be repaired.” Id. During the warranty period, the Vehicle either contained or developed numerous defects that substantially impaired its use, value, or safety. Compl. ¶ 10. For example, the Vehicle contained or developed defects relating to the engine, powertrain control module, throttle body, A/C, and battery, among others. Id. Verastegui alleges that “the Defendant and its representative were aware that they were unable to service or repair” the Vehicle to conform to the applicable warranties. Id. ¶…