Clemens v. Daimlerchrysler Corp.

• Decision Date: 19 June 2008
• Docket Number: No. 06-56410.,06-56410.
• Citation: 534 F.3d 1017
• Parties: Keith CLEMENS, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. DAIMLERCHRYSLER CORPORATION, Defendant-Appellee.
• Court: U.S. Court of Appeals — Ninth Circuit

534 F.3d 1017

Keith CLEMENS, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. DAIMLERCHRYSLER CORPORATION, Defendant-Appellee.

No. 06-56410.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 11, 2008.

Filed June 19, 2008.

Amended July 24, 2008.

John F. Edgar, Kansas City, MO, for plaintiff-appellant.

Frederick D. Baker, Sedgwick, Detert, Moran & Arnold, LLP, San Francisco, CA, for defendant-appellee.

Appeal from the United States District Court for the Central District of California; John F. Walter, District Judge, Presiding. D.C. No. CV-05-08484-JFW.

Before: WILLIAM C. CANBY, JR. and JAY S. BYBEE, Circuit Judges, and ROGER L. HUNT,^* District Judge.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

This court's mandate of July 13, 2008, 530 F.3d 852 (9th Cir.2008), is RECALLED.

The opinion of this court filed on June 19, 2008, slip op. at 7095, 530 F.3d 852, is amended as follows:

1. At slip op. at 7103, 530 F.3d. at 858, amend the second sentence of the first paragraph of Subsection B (beginning "In California, a plaintiff ..."), so that it states:

Under California Commercial Code section 2314, the implied warranty provision invoked by Clemens, a plaintiff asserting breach of warranty claims must stand in vertical contractual privity with the defendant.

2. At slip op. at 7104, 530 F.3d at 859, amend the second-to-last textual sentence of Subsection B so that it states:

Nonetheless, California courts have painstakingly established the scope of the privity requirement under California Commercial Code section 2314, and a federal court sitting in diversity is not free to create new exceptions to it.

The amended opinion, incorporating these changes, follows.

The mandate shall issue forthwith.

OPINION

CANBY, Circuit Judge:

Keith Clemens¹ brought this class action against DaimlerChrysler Corporation alleging that DaimlerChrysler breached express and implied warranties and committed fraud in the sale of Dodge Neon cars containing defective head gaskets from 1995 to 1998. The district court granted DaimlerChrysler's Rule 12(b)(6) motion to dismiss the warranty claims. It also granted DaimlerChrysler's motion for summary judgment on the fraud claims, holding that one claim was barred by the statute of limitations and the other failed on the merits. Clemens appealed all of these rulings, and we affirm.

FACTS

Clemens bought a new 1998 Dodge Neon from an independent Dodge dealership. After driving the car for approximately 50,000 miles, Clemens noticed that the engine had begun to leak oil. The oil leak worsened, and when the odometer reached 60,000 miles, Clemens performed some research on the internet and learned that head gasket failure (and resulting oil leaks) were a common problem on this model automobile.

In September 2002, a Chrysler-authorized service center referred Clemens to a customer service hotline, which denied his request for a repair discount. Rather than pay for the repair, Clemens replaced the head gasket himself at a cost of $70, videotaping the repair process. He claims that, had he known the head gasket was likely to fail, he would not have purchased a Dodge Neon.

DaimlerChrysler provided the following express warranty with the automobile:

The Basic Warranty covers the cost of all parts and labor needed to repair any defective item on your vehicle that was supplied by Chrysler—that is, defective in material, workmanship or factory preparation. There is no list of covered parts since the only exception is tires. You pay nothing for these repairs. These warranty repairs or adjustments—including all parts and labor connected with them—will be made by your dealer at no charge, using new or remanufactured parts.

This warranty was expressly limited in duration to 36 months from the date of purchase, or 36,000 miles on the odometer, whichever occurred first.

Clemens filed his class action in December 2005, alleging that DaimlerChrysler breached express and implied warranties under state law and under the Magnuson-Moss Act, 15 U.S.C. § 2310. Clemens also alleged that DaimlerChrysler had fraudulently failed to disclose the head gasket problem under California's common law fraud statute, Cal. Civ.Code §§ 1709-1710,² and California's Unfair Competition Law (UCL) statute, Cal. Bus. & Prof.Code § 17200.

The district court dismissed the express warranty claim because the head gasket failure did not occur until after the express warranty period had expired. The implied warranty claim was dismissed for lack of contractual privity between DaimlerChrysler and Clemens. Derivative claims under the Magnuson-Moss Act were dismissed as well. The district court granted summary judgment on the Civil Code fraud claim because the limitations period had run, no equitable tolling was warranted, and, in the alternative, the facts shown were inadequate to support the claim. For this last reason, summary judgment was also granted on the UCL claim.

DISCUSSION

We review de novo dismissals pursuant to Federal Rule of Civil Procedure 12(b)(6). Burgert v. Lokelani Bernice Pauahi Bishop Trust, 200 F.3d 661, 663 (9th Cir.2000). To avoid a Rule 12(b)(6) dismissal, a complaint need not contain detailed factual allegations; rather, it must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, ___ U.S. ___, 127 S.Ct. 1955, 1974, 167 L.Ed.2d 929 (2007). We review a grant of summary judgment de novo. Devereaux v. Abbey, 263 F.3d 1070, 1074 (9th Cir.2001).

I

We begin with Clemens's claims that DaimlerChrysler breached express and implied warranties. The district court held—and Clemens does not dispute—that the claims under the Magnuson-Moss Act stand or fall with his express and implied warranty claims under state law.³ Therefore, this court's disposition of the state law warranty claims determines the disposition of the Magnuson-Moss Act claims.

A. Breach of Express Warranty

The district court properly dismissed Clemens's claim for breach of express warranty because Clemens has alleged no such breach. The head gasket functioned throughout the 36,000 miles or three years for which it was warranted. Clemens attempts to escape this conclusion by arguing that the warranty expressly applies to "any defective item," that the defect allegedly existed before the warranty expired, and that DaimlerChrysler had knowledge of the defect at the time of sale. Therefore, he claims, the expiration of the warranty is no obstacle.

California has adopted a doctrine from the Second Circuit that forecloses these arguments. "The general rule is that an express warranty does not cover repairs made after the applicable time or mileage periods have elapsed." Daugherty v. Am. Honda Motor Co., 144 Cal. App.4th 824, 830, 51 Cal.Rptr.3d 118 (2006) (quoting Abraham v. Volkswagen of Am., Inc., 795 F.2d 238, 250 (2d Cir.1986)). Abraham rejected the holding of Alberti v. Gen. Motors Corp., 600 F.Supp. 1026 (D.D.C.1985), which had held that a breach-of-warranty claim for post-warranty component problems could proceed after the warranty period if the defendant knew of the defects at the time of sale. Abraham, 795 F.2d at 250. As the Abraham court recognized, Alberti conflated notions of express and implied warranty and pushed the definition of "defect" to the breaking point.

Every manufactured item is defective at the time of sale in the sense that it will not last forever; the flip-side of this original sin is the product's useful life. If a manufacturer determines that useful life and warrants the product for a lesser period of time, we can hardly say that the warranty is implicated when the item fails after the warranty period expires. The product has performed as expressly warranted. Claims regarding other buyer expectations and the manufacturer's state of mind properly sound in fraud and implied warranty.

Accordingly, the California Court of Appeal has joined the Second Circuit in rejecting the holding of Alberti for the "general rule" of Abraham. See Daugherty, 144 Cal.App.4th at 831, 51 Cal.Rptr.3d 118 ("Like the court in Abraham, we do not find the reasoning of Alberti persuasive and decline to follow it." (internal quotation marks and alterations omitted)). The repairs in this case were made after the warranty period expired. Therefore, we affirm the dismissal of the express warranty claims.

B. Breach of Implied Warranty

Clemens's implied warranty claim also fails, but for a different reason. Under California Commercial Code section 2314, the implied warranty provision invoked by Clemens, a plaintiff asserting breach of warranty claims must stand in vertical contractual privity with the defendant. Anunziato v. eMachines, Inc., 402 F.Supp.2d 1133, 1141 (C.D.Cal.2005). A buyer and seller stand in privity if they are in adjoining links of the distribution chain. Osborne v. Subaru of Am. Inc., 198 Cal. App.3d 646, 656 n. 6, 243 Cal.Rptr. 815 (1988). Thus, an end consumer such as Clemens who buys from a retailer is not in privity with a manufacturer. Id.

Some particularized exceptions to the rule exist. The first arises when the plaintiff relies on written labels or advertisements of a manufacturer. See Burr v. Sherwin Williams Co., 42 Cal.2d 682, 696, 268 P.2d 1041 (Cal.1954). The other exceptions arise in special cases involving foodstuffs, pesticides, and pharmaceuticals, and where the end user is an employee of the purchaser. See id. at 695, 268 P.2d 1041; Windham at Carmel Mountain Ranch Ass'n v. Superior Court, 109 Cal. App.4th 1162, 1169, 135 Cal.Rptr.2d 834 (2003); Fieldstone Co. v. Briggs Plumbing Prods., Inc., 54 Cal.App.4th 357, 369, 62 Cal.Rptr.2d 701 (1997); Gottsdanker v. Cutter Labs., 182 Cal.App.2d 602, 608, 6 Cal.Rptr. 320 (1960). Clemens does not claim that any of these exceptions apply directly. Instead, he urges that they are exemplary rather than exhaustive, and that similar equities support an exception...