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Battery Replacement Warranty Obligation

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Has anyone challenged Tesla in court in California iunder Civil Code, Chapter 3 Deceptive Practices, Section (1) Passing off goods or services as those of another.

Specfically, this applies to the 2014 Tesla Model S Basic Warranty for battery replacement within 8 years and unlimited miles and the use of a 'remanufactured' battery that clearly does not perform to the same expected level of the original battery. My arguement is that this section should protect consumers from having a clearly inferior battery product passed off as a warranty part replacement.

I am looking to establish evidence for my case in which the battery was replaced under warranty at 80 k miles and 7 years, and the replacement under warranty has now failed after only 18 months and 13k miles. Tesla has refused to accept the battery as defective and required me to replace the battery at my cost.

Are there other statues, laws. or consumer protection mandates that require at least an equivalent part be used when a replacement is guaranteed under warranty.

Thank you!
 
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