In Joyce v. Ford Motor Co., — Cal.Rptr.3d —-, 2011 WL 3891871 (2011), the California Court of Appeal found that a truck purchased for commercial purposes (notwithstanding identification on the RISC to the contrary) was protected by the express warranty provisions of the Song-Beverly Act because the vehicle weighed less than 10,000 pounds – even though the vehicle was ‘rated’ for more than 10,000 pounds.
As a preliminary matter, we agree with Ford that Joyce provided no substantial evidence the truck was “bought or used primarily for personal, family, or household purposes.” Despite the fact that someone checked this box on the installment sale contract, Joyce’s own testimony established beyond any legitimate dispute that the truck was “bought or used primarily for business purposes.” (§ 1793.22, subd. (e)(2).) Indeed, when Ford’s trial counsel asked whether he bought the truck “for business use,” Joyce responded: “Yes.” Joyce also repeatedly referred to the vehicle as his “work truck” and explained that he bought the truck because he “wanted something [he] could count on for work.” Accordingly, in order for the truck to qualify as a “new motor vehicle” within the meaning of the Act, it must have a “gross vehicle weight under 10,000 pounds.” (§ 1793.22, subd. (e)(2).) ¶ Ford does not dispute that the F–250 actually weighs less than 10,000 pounds. The invoice states that the truck’s shipping weight was 6,787 pounds. Joyce added a diesel fuel tank to the back of the truck, which weighed about 700 pounds when full. Joyce also added a rack to hold pipe, an isolator to provide an additional power source, and a back-up camera. However, Ford does not contend that these additions brought the vehicle’s weight to 10,000 pounds. Instead, Ford argues that when the Legislature drafted section 1793 .22, subdivision (e)(2), the phrase “gross vehicle weight” was intended to mean “gross vehicle weight rating.” And because the F–250 had a gross vehicle weight rating of 10,000 pounds, it does not qualify as a “new motor vehicle” within the meaning of the Act. We are not persuaded.