Cal. Codes » Civil Code

Cal. Civil Code § 1791.2

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(a)“Express warranty” means:

(1)A written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to preserve or maintain the utility or performance of the consumer good or provide compensation if there is a failure in utility or performance; or

(2)In the event of any sample or model, that the whole of the goods conforms to such sample or model.

(b)It is not necessary to the creation of an express warranty that formal words such as “warrant” or “guarantee” be used, but if such words are used then an express warranty is created. An affirmation merely of the value of the goods or a statement purporting to be merely an opinion or commendation of the goods does not create a warranty.

(c)Statements or representations such as expressions of general policy concerning customer satisfaction which are not subject to any limitation do not create an express warranty.

Notes of Decisions
Cited in 59 cases (30 in the last 5 years), 1985–2025 · leading case: T & M Solar & Air Conditioning, Inc. v. Lennox International Inc.
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T & M Solar & Air Conditioning, Inc. v. Lennox International Inc. (2015) cand · cites it 4× “See Cal. Civ. Code § 1791.2 (a); Long, 2013 WL 4655763 , at *11.”
Jones v. Conagra Foods, Inc. (2012) cand · cites it 2× “” Cal. Civ.Code § 1791.2 (emphasis added). The Act defines a “consumer good” as “any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for .”
Krieger v. Nick Alexander Imports, Inc. (1991) calctapp · cites it 2× “A promise to repair defects that occur during a future period is the very definition of express warranty of future performance, not only under the Act (Civ. Code, § 1791.2), but also in the California Uniform Commercial Code section 2313.”
In re Conagra Foods, Inc. (2015) cacd “Code § 2102 ; see also ’ Cal. Civ.Code § 1791.2(a)(1) (defining an “express warranty” as “[a] written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to preserve or maintain the utility or…”
In re Myford Touch Consumer Litigation (2014) cand “In the FAC, there is no direct claim for breach of express warranty pursuant to California Commercial Code § 2313; rather, the California claim for breach of express warranty is based on California Civil Code §§ 1791.2 and 1793.”
Anunziato v. eMachines, Inc. (2005) cacd “” Cal. Civ.Code § 1791.2(a)(1), and hence Annunziato’s claim fails because Annunziato does not allege that the warranty statements played any causal role in his purchase, which is required in order to pursue an express warranty claim under the Song-Beverly Act.”
Keegan v. American Honda Motor Co. (2012) cacd “Code § 2102; see also Cal. Civ. Code § 1791.2 (a)(1) (defining “express warranty” as “[a] written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to preserve or maintain the utility or…”
Asghari v. Volkswagen Group of America, Inc. (2013) cacd “Code § 2102 ; see also Cal. Civ.Code § 1791.2(a)(1) (defining an “express warranty” as “[a] written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to preserve or maintain the utility or…”
Viggiano v. Hansen Natural Corp. (2013) cacd “Code § 2102 ; see also Cal. Civ.Code § 1791.2(a)(1) (defining an “express warranty” as “[a] written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to preserve or maintain the utility or…”
Paduano v. American Honda Motor Co., Inc. (2009) calctapp “” (Civ. Code, § 1791.2, subd. (a)(1).) Paduano asserts that Honda’s warranty, which provides in relevant part that “every new Honda is covered, except for tires, for 3 years or 36,000 miles,” applies to Honda’s advertising claims that the Civic Hybrid would achieve a certain…”
Keith v. Buchanan (1985) calctapp “(Civ. Code, § 1791.2, subd. (a)(1).) Again, formal words are not required in order to *20 create an express warranty, but statements of value, opinion, or commendation do not create a warranty.”
Tae Hee Lee v. Toyota Motor Sales, U.S.A., Inc. (2014) cacd “Commercial Code § 2102 ; see also Cal. Civ.Code § 1791.2(a)(1) (defining “express warranty” as “[a] written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to preserve or maintain the…”
Show all 59 citing cases →
— Cal. Civil Code § 1791.2(a) — 15 cases
T & M Solar & Air Conditioning, Inc. v. Lennox International Inc. (2015) cand “See Cal. Civ. Code § 1791.2 (a); Long, 2013 WL 4655763 , at *11.”
Nadia Sheibani v. Ford Motor Company (2019) cacd
Lawrence Jones v. FCA US, LLC (2022) cacd
Eric E. Gofnung v. BMW of North America, LLC (2023) cacd
Miranda v. FCA US LLC (2020) caed
— Cal. Civil Code § 1791.2(a)(1) — 6 cases
In re Conagra Foods, Inc. (2015) cacd “Code § 2102 ; see also ’ Cal. Civ.Code § 1791.2(a)(1) (defining an “express warranty” as “[a] written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to preserve or maintain the utility or…”
Anunziato v. eMachines, Inc. (2005) cacd “” Cal. Civ.Code § 1791.2(a)(1), and hence Annunziato’s claim fails because Annunziato does not allege that the warranty statements played any causal role in his purchase, which is required in order to pursue an express warranty claim under the Song-Beverly Act.”
Asghari v. Volkswagen Group of America, Inc. (2013) cacd “Code § 2102 ; see also Cal. Civ.Code § 1791.2(a)(1) (defining an “express warranty” as “[a] written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to preserve or maintain the utility or…”
Viggiano v. Hansen Natural Corp. (2013) cacd “Code § 2102 ; see also Cal. Civ.Code § 1791.2(a)(1) (defining an “express warranty” as “[a] written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to preserve or maintain the utility or…”
T & M Solar & Air Conditioning, Inc. v. Lennox International Inc. (2015) cand “See Cal. Civ. Code § 1791.2 (a); Long, 2013 WL 4655763 , at *11.”
— Cal. Civil Code § 1791.2(a)(2)(b) — 1 case
T & M Solar & Air Conditioning, Inc. v. Lennox International Inc. (2015) cand “See Cal. Civ. Code § 1791.2 (a); Long, 2013 WL 4655763 , at *11.”
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