Silvio v. Ford Motor Co.

Opinion

ARMSTRONG, J. This case raises a single question concerning Civil Code section 1793.2, subdivision (d), part of the Song-Beverly Consumer [1207]Warranty Act. The statute sets forth the remedies to be afforded to consumers by any automobile manufacturer which “is unable to service or repair a new motor vehicle ... to conform to the applicable express warranties after a reasonable number of attempts, . . .” (Civ. Code, § 1793.2, subd. (d)(2).) In this case, appellants Frank M. and Charlotte Silvio gave respondents Ford Motor Company and Board Ford one chance to repair their allegedly defective Ford Explorer. Respondents moved for nonsuit on the ground that “reasonable number of attempts,” being in the plural, required that they be given at least two opportunities to repair. The trial court agreed with respondents’ reading of the statute. After the exercise of independent review on this question of statutory interpretation (People v. Duz-Mor Diagnostic Laboratory, Inc. (1998) 68 Cal.App.4th 654, 660 [80 Cal.Rptr.2d 419]), we find that the trial court correctly interpreted the statute and affirm.

Discussion

At trial, appellants presented evidence that they bought a Ford Explorer from Board Ford on November 17, 1998. On November 29, Í998, as Frank Silvio drove into his garage, the Explorer suddenly and rapidly accelerated, although Silvio did nothing to cause the acceleration. On December 28, after picking the Explorer up from the body shop, Frank Silvio drove the Explorer to Board Ford. Board Ford representatives drove the Explorer and conducted tests, and told Silvio that they could not find anything wrong with the vehicle, but that the problem was caused by thick after-market floor mats he had put in the Explorer.

There was another episode of sudden acceleration on July 24, 2000. The Silvios’ son contacted Board Ford, told them about the incident, and said that appellants wanted Ford to buy back the Explorer and did not want it fixed. Ford refused to buy the Explorer from appellants. This lawsuit followed.

The evidence is thus that respondents were given one opportunity to repair the Explorer, and the issue on appeal is whether that single failed1 attempt triggered the obligations set out in Civil Code section 1793.2, subdivision (d).

Appellants begin their argument by contending that our first task in interpreting the statute is to ascertain legislative intent, and that the Song-Beverly Consumer Warranty Act is intended to protect consumers, so that