Paduano v. American Honda Motor Co., Inc.

O’ROURKE, J., Concurring and Dissenting

I agree with my colleagues’ conclusions that Paduano’s causes of action for breach of warranty under state and federal law are preempted by federal law. However, for the reasons set forth below I would affirm the order granting summary judgment. In my view, Paduano’s false advertising claims under the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq.) and unfair competition law (UCL; Bus. & Prof. Code, § 17200) are also preempted by the Energy Policy and Conservation Act of 1975 (EPCA), title 49 United States Code sections 32901 et seq.…