Jenelle Ford and Barry Ford, h/w, individually and on behalf of all others similarly situated v. Ford Motor Company, and Does 1 through 100
Published: Aug. 9, 2014 | Result Date: Jul. 10, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-08335-PSG-SS Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Gillian L. Wade
(Milstein, Jackson, Fairchild & Wade LLP)
Sara D. Avila
(Milstein, Jackson, Fairchild & Wade LLP)
Defendant
Tamara A. Bush
(Dykema Gossett PLLC)
Ashley R. Fickel
(Dykema Gossett LLP)
Facts
Jenelle Ford and Barry Ford filed a class action against Ford Motor Co.. in connection with Ford Windstar minivans with the model years 1998.5 tp 2003/
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that in 2001, they purchased a used 1999 Ford Windstar that was still covered under the original factory warranty. In 2011, they began experiencing issues with the vehicle, and after conducting a research, they learned about Ford's limited recall involving the minivan's rear axle. However, when they took their vehicle to Ford for repairs under the recall, Ford declined. As a result, they had to pay $1,500 to an automotive repair shop for a replacement axle.
Plaintiffs alleged that Ford Windstar minivans with the model years 1998.5 to 2003 were defective, and that the defect predisposed the rear axles to premature wear and failure due to metal fatigue. They asserted claims for violation of the Consumer Legal Remedies Act, unlawful, unfair, and fraudulent business practices under California Business and Professions Code, breach of implied warranty under the Song-Beverly Consumer Warranty Act, breach of written warranty under the Magnuson-Moss Warranty Act, breach of express warranty under California Commercial Code Section 2313, and fraudulent concealment.
DEFENDANT'S CONTENTIONS:
Ford moved for summary judgment on all claims. Ford argued that plaintiffs failed to show any injury. As such, plaintiffs failed to state a claim for which relief may be granted.
Result
The court concluded that plaintiffs' case fails because no reasonable jury could conclude that they suffered an injury due to Ford's conduct, and granted Ford's motion for summary judgment.
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