United States Ninth Circuit

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Daniel v. Ford Motor Co., 13-16476

In a class action against Ford over select Ford Focus vehicles with rear suspension defects, the district court's grant of summary judgment to Ford is reversed where: 1) California case law sets no requirement that latent defects be discovered and reported within the Song-Beverly Consumer Warranty Act's one-year durational limitation; 2) Ford's express warranty for new vehicles is ambiguous and must be construed to cover design defects; and 3) plaintiffs offered sufficient evidence of reliance to raise a genuine issue of material fact under California's Consumers Legal Remedies Act and Unfair Competition Law.

Appellate Information

  • Decided
  • Published 2015/12/02

Judges

  • MOLLOY

Court

  • United States Ninth Circuit

Counsel

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