— A Ford emissions warranty lawsuit has been dismissed after a 2018 Ford Mustang owner filed the class action on behalf of California customers.
Plaintiff Hugo De Anda contends Ford is required to provide enhanced emissions warranty coverage to California customers.
A normal emissions warranty is three years or 50,000 miles, but a "high-priced" part should be covered by a "7-year/70,000-mile warranty."
"California requires vehicles to be equipped with an onboard diagnostic system which 'shall be capable of detecting malfunctions of the [vehicle’s] monitored emission systems, illuminating a malfunction indicator light (MIL) to notify the vehicle operator of detected malfunctions.'” — Ford emissions warranty lawsuit
The plaintiff says he brought his Mustang to a Ford dealer when the check engine light activated and the car was jerking. It had 62,128 miles on the odometer. The catalytic converter was replaced, but the jerking was caused by the transmission.
The Ford dealership said it would have to tear down the Mustang transmission but would not pay for the repair or even the diagnostic fee.
According to the Ford emissions warranty class action lawsuit:
"Ford unlawfully denied warranty coverage for the transmission repair, which involved high-priced emission parts that should have been covered under Ford’s 7-year/70,000-mile California Emissions Warranty."
Ford Emissions Warranty Lawsuit Dismissed
On September 10, a document was filed with the court which indicates the Ford class action lawsuit is over.
Plaintiff Hugo De Anda’s individual claims are dismissed with prejudice, which means he cannot refile those claims. But De Anda’s claims on behalf of other Ford customers are dismissed without prejudice, which means those customers may still sue Ford for the same problems.
The Ford emissions warranty lawsuit was filed in the U.S. District Court for the Central District of California: Hugo De Anda v. Ford Motor Company, Inc., et al.
The plaintiff is represented by Pomerantz LLP, Frontier Law Center, and The Law Office Of Robert Starr.