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Lemon Laws

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California Court of Appeal Holds EPCA Pre-empts Song-Beverly, but Not Advertising Claims under CLRA and UCL

by Scott J. Hyman |

In Paduano v. American Honda Motor Co., Inc. (2009) 2009 WL 57806, the California Court of Appeal held that Federal law (the Energy Policy and Conservation Act) specifying the use of EPA estimates of mileage preempts breach of warranty claims based on a Hybrid vehicle's failure to achieve EPA mileage estimates.  However, the EPCA did not preempt claims under the CLRA and… Read More

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