The Ninth Circuit Court of Appeals today released an opinion in CLEMENS v. DAIMLERCHRYSLER, No. 06-56410, a diversity appeal. The panel consisted of William C. Canby, Jr. and Jay S. Bybee, Circuit Judges, and Roger L. Hunt, District Judge.
CANBY, Circuit Judge:
Keith Clemens 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. . . .