Aguirre

I. BACKGROUND

24 To provide context for Aguirre’s allegations, this section describes the relevant 25 regulatory framework, an overview of the diagnostic systems that monitor emissions 26 performance, and the specific facts as alleged in the complaint. 27 A. The California Emissions Warranty 1 California Health and Safety Code § 43200 authorized the California Air Resources 2 Board (“CARB”) to promulgate regulations for vehicle emissions, including the California 3 Emissions Warranty. See FAC ¶ 11. The warranty consists of two parts: the Defects 4 Warranty and the Performance Warranty. The Defects Warranty provides that 5 [t]he manufacturer of each motor vehicle or motor vehicle engine shall warrant to the ultimate purchaser and each subsequent purchaser that the vehicle or engine is:

8 (1) Designed, built, and equipped so as to conform with all applicable regulations adopted by the Air Resources Board pursuant to its authority in chapter 1 and 2, part 5, division 26 of the Health and Safety Code; and 11 (2) Free from defects in materials and workmanship which cause the…