California Court of Appeal

In an appeal from an order of the trial court dismissing plaintiffs' consumer action on summary judgment, order is affirmed where: 1) passenger vehicle odometers are "correct" if they register actual mileage within the four percent tolerance and the designer or manufacturer does not deliberately miscalibrate them to underregister or overregister mileage; and 2) Business and Professions Code section 12500(c) is a "safe harbor" provision under which odometers are, as a matter of law, "correct" if they meet the relevant tolerance standard and were not deliberately miscalibrated.

Appellate Information

• Decided 12/05/2011
• Published 12/05/2011

Judges

• WILLHITE

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Mower, Carreon & Desai and Aashish Y. Desai;  The Arkin Law Firm and Sharon J. Arkin for Plaintiffs and Appellants.


• For Appellees:
  
• Sedwick, Jacqueline M. Jauregui, Douglas J. Collodel and Christina J. Imre for Defendants and Respondents.