California Court of Appeal

In a breach of warranty and deceptive advertising case over the fuel efficiency of a Honda Civic Hybrid, summary judgment for defendant was affirmed in part and reversed in part where: 1) genuine issues of material fact existed regarding whether advertisements indicating one can drive a Civic Hybrid in the same manner as a conventional vehicle and achieve the fuel economy stated in Honda's EPA estimates are deceptive and/or misleading; and 2) federal laws regarding EPA fuel economy estimates do not preempt plaintiffs' claims of deceptive and/or misleading advertising under Consumer Legal Remedies Act or under unfair competition law.

Appellate Information

• Decided 01/12/2009
• Published 01/12/2009

Judges

• AARON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael E. Lindsey, for Plaintiff and Appellant.


• For Appellees:
  
• Mayer Brown LLP and Donald M. Falk, Palo Alto, for Defendant and Respondent.