Dagher v. Ford Motor Co.Annotate this Case
Plaintiff-appellant Greg Dagher sued defendant-respondent Ford Motor Company alleging violations of the Song-Beverly Consumer Warranty Act. In 2009, Plaintiff bought a used Ford 2006 vehicle in a private sale, then determined its engine needed substantial repairs. He obtained them by using Ford's transferable, unexpired express warranty that the private party sellers had originally been issued upon their purchase of the vehicle, new, from a Ford dealer. Plaintiff contends the warranty repairs attempted by the dealer were unsuccessful and he is entitled to the statutory remedies in the Act, the same as the original purchasers could have sought, including restitution, damages, and civil penalties. Ford sought summary judgment on the ground it had not failed to comply with any obligation owed to Plaintiff under the Act, because the available statutory remedies are restricted to aggrieved buyers of "consumer goods," chiefly new ones that are covered by express warranties. This was a used vehicle that was not sold to Plaintiff by a dealer, and even though the express warranty was transferable, Ford contended that Plaintiff lacked standing to sue for additional statutory remedies under the Act. The trial court granted summary judgment and denied leave to file an amended complaint. The Court of Appeal rejected Plaintiff's interpretations of the Act that would have allowed him standing to sue under it, and the Court affirmed the summary judgment order. Finding that the trial court did not properly exercise its discretion on the amendment issue, the Court reversed that order and the resulting judgment, with directions to the trial court to allow further proceedings on amendment of the complaint as proposed.