What is Rodriguez v. FCA US, LLC?

Rodriguez v. FCA US, LLC is a 2024 California Supreme Court decision holding that a used vehicle purchased with an already-existing, unexpired manufacturer warranty does not qualify as a new motor vehicle under Civil Code section 1793.22(e)(2) unless the warranty was issued as part of that specific sale.

Does a certified pre-owned vehicle qualify for California lemon law?

It depends on the specific program. If the manufacturer reissues its own new warranty as part of the certified pre-owned sale, the vehicle may still qualify. If the program simply carries over the original owner's warranty without reissuing it, it generally does not qualify under Rodriguez v. FCA US.

Does California Lemon Law Cover Used Cars? — California Lemon Law Guide

Q: Does California lemon law cover used cars?

Sometimes. Since the 2024 California Supreme Court decision in Rodriguez v. FCA US, LLC, a used vehicle only qualifies for new motor vehicle lemon law remedies if the manufacturer warranty was issued as part of that specific purchase, not simply inherited from the original owner's remaining coverage.

Last reviewed September 10, 2026.

This page reflects a significant 2024 change in California law that many older guides have not updated for. If you bought a used car with time left on the manufacturer’s warranty, the rule you may have read elsewhere — that any remaining factory warranty makes the car eligible — is no longer accurate.

The old understanding

For years, California courts generally treated a used vehicle as covered by the lemon law if it still had time or mileage remaining on the manufacturer’s original warranty. This traced back to cases like Jensen v. BMW of North America, Inc.

What changed: Rodriguez v. FCA US, LLC (2024)

In Rodriguez v. FCA US, LLC (2024), the California Supreme Court narrowed this significantly. The plaintiffs bought a two-year-old vehicle with over 55,000 miles on it that still had an unexpired manufacturer’s warranty, and sued after repeated repair failures. The Court held:

A motor vehicle purchased with an unexpired manufacturer’s new car warranty does not qualify as a “motor vehicle sold with a manufacturer’s new car warranty” under Civil Code §1793.22(e)(2)’s definition of “new motor vehicle” unless the new car warranty was issued with that sale.

In plain terms: inheriting the remainder of someone else’s factory warranty is not enough. For a used vehicle to count as a “new motor vehicle” under the statute (and get the same remedies as an actual new car), the warranty has to have been issued as part of your purchase — as happens with a dealer-owned vehicle, a demonstrator, or in some structured certified pre-owned programs where the manufacturer reissues a warranty at the point of sale.

What this means in practice

Situation	Likely covered as “new motor vehicle”?
Bought new from a dealer	Yes
Bought as a demonstrator or dealer-owned vehicle with a manufacturer warranty issued at that sale	Yes
Certified pre-owned (CPO) where the manufacturer issues its own new warranty specifically as part of the CPO sale	Likely yes — this is fact-specific and depends on the program’s terms
Bought used from a private party or independent dealer, inheriting the remainder of the original owner’s factory warranty	No, under Rodriguez — the warranty wasn’t issued with this sale
Bought used from a franchised dealer, with only the original owner’s warranty carrying over (not reissued)	No, under Rodriguez

You may still have other claims

Rodriguez narrows the Song-Beverly “new motor vehicle” remedies specifically. It doesn’t necessarily eliminate every avenue:

You may still have a breach of express warranty claim against the manufacturer directly (a separate legal theory from the “new motor vehicle” lemon law presumption), subject to the ordinary statute of limitations discussed there.
Claims against the selling dealer (as opposed to the manufacturer) may be governed by different rules depending on how the sale was structured.
If your CPO program specifically reissues a manufacturer warranty at sale, you may still qualify — this depends on the specific program and paperwork, not a general rule.

Because this is genuinely fact-specific and turns on how your warranty paperwork was structured, this is a good candidate for the case evaluation form rather than trying to self-diagnose from general rules.

Frequently asked questions

Does California lemon law cover used cars? Sometimes. Since Rodriguez v. FCA US, LLC (2024), a used vehicle only qualifies for the “new motor vehicle” lemon law remedies if the manufacturer’s warranty was issued as part of your purchase — not simply inherited from the original owner’s remaining coverage.

What is Rodriguez v. FCA US? It’s a 2024 California Supreme Court decision holding that a used vehicle purchased with an already-existing, unexpired manufacturer warranty doesn’t count as a “new motor vehicle” under Civil Code §1793.22(e)(2) unless that warranty was issued with that specific sale. It overturned the more consumer-favorable reading many buyers relied on for years.

Does certified pre-owned (CPO) still qualify? It depends on the specific program. If the manufacturer reissues its own new warranty specifically as part of the CPO sale, you may still qualify. If the CPO program simply carries over the original owner’s warranty without reissuing it, Rodriguez likely applies and you would not qualify for the “new motor vehicle” remedies.

If Rodriguez applies to me, do I have any options? Possibly. You may still have a standalone breach of express warranty claim against the manufacturer, or a claim against the dealer depending on how the sale was structured. These are fact-specific — use the case evaluation form rather than assuming you have no recourse.

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Sources

Rodriguez v. FCA US, LLC (2024) ___ Cal.5th ___ (Cal. Supreme Court). Civil Code §1793.22(e)(2).

This page is attorney advertising and general information, not legal advice. Whether your used-vehicle purchase qualifies depends on the specific warranty paperwork issued at your sale; consult the case evaluation form or an attorney. See our terms and privacy policy.