Fuery v. McCabe

brief summary of the repair history and problems with the motor vehicle. 2) Demand that the manufacturer repurchase or replace the motor vehicle.”

(Code Civ. Proc., § 871.24, subd. (a)). “At the time that the notice submitted pursuant to subdivision (a) is sent, the consumer shall have possession of the motor vehicle.” (Code Civ. Proc., § 871.24, subd. (c)).

“The notice required by subdivision (a) shall be in writing and shall be sent either by email to the email address prominently displayed on the manufacturer's website for this purpose or by certified or registered mail, return receipt requested, to the address provided by the manufacturer in the owner's manual or warranty booklet. The notice information on the manufacturer's website, owner's manual, and warranty booklet shall be provided in both English and Spanish.” (Code Civ. Proc., § 871.24, subd. (d).)

“An action seeking restitution or replacement under Section 871.20 may be commenced without compliance with subdivision (a). In that event, the consumer shall have possession of the motor vehicle at the time of the filing of the complaint, and shall not seek civil penalties, whether by amendment of the complaint or otherwise. If, however, notice is provided pursuant to subdivision (a) and the manufacturer fails to comply with their obligations under subdivision (e), the consumer may commence an action for restitution or replacement, including, but not limited to, civil penalties under subdivision (c) of Section 1794 of the Civil Code.” (Code Civ. Proc., § 871.24, subd. (h).)

Here, Defendant argues that Plaintiffs failed to allege that they provided timely written notice that complied with section 871.24(a) and were in possession of the vehicle on the date the notice was sent.