Title 10. Actions In Particular Cases · Chapter 12. Actions for Restitution for or Replacement of Certain Motor Vehicles · Enacted 1755 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 871.22 defines the chapter's key terms, including 'applicable express warranty,' 'distributor,' 'manufacturer,' 'motor vehicle' -- covering motor homes, new motor vehicles, and travel trailers -- 'travel trailer,' and 'warrantor.'
For purposes of this chapter, the following definitions apply:
(a)"Applicable express warranty" means the written warranty provided by the manufacturer at the time of delivery of the subject motor vehicle, which provides coverage for the specific nonconformity at issue in the action, subject to the terms and exclusions of that warranty.
(b)"Distributor" means any individual, partnership, corporation, association, or other legal relationship that stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods or motor vehicles.
(c)"Manufacturer" means any individual, partnership, corporation, association, or other legal relationship that manufactures, assembles, or produces consumer goods or motor vehicles.
(1)A motor home, as defined in paragraph (3) of subdivision (e) of Section 1793.22 of the Civil Code.
(2)A new motor vehicle, as defined in paragraph (2) of subdivision (e) of Section 1793.22 of the Civil Code.
(3)A travel trailer.
(e)"Travel trailer" means a vehicular unit without motive power that is designed to be towed or carried by a motor vehicle. "Travel trailer" does not include a mobilehome.
(f)"Warrantor" means any entity or person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.
Plain-English Summary
This section supplies the vocabulary the rest of Chapter 12 relies on. The "applicable express warranty" is the written warranty the manufacturer provided at delivery that covers the specific nonconformity at issue, subject to that warranty's own terms and exclusions. "Distributor" and "manufacturer" get their own definitions, both keyed to the entity's role in producing, assembling, or standing between the manufacturer and the retail seller of motor vehicles or consumer goods, and "warrantor" covers anyone who gives, offers, or may be obligated under a written or implied warranty.
"Motor vehicle" reaches further than passenger cars. It includes a motor home and a new motor vehicle, both as those terms are defined in Civil Code section 1793.22(e), and it also includes a travel trailer -- a towed or carried vehicular unit without its own motive power, though the definition specifically excludes a mobilehome from that category.
Frequently Asked Questions
What counts as a 'motor vehicle' under this chapter?
A motor home or new motor vehicle as defined in Civil Code section 1793.22(e), plus a travel trailer, but not a mobilehome.
What is the 'applicable express warranty'?
The written warranty the manufacturer provided at delivery that covers the specific nonconformity at issue in the case, subject to that warranty's terms and exclusions.
Who counts as a 'warrantor' under this chapter?
Anyone who gives or offers a written warranty, or who is or may be obligated under an implied warranty.
Amendment History
Added by Stats 2024 ch 938 (AB 1755),s 1, eff. 1/1/2025.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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