Explainer · Evidence
"Could not duplicate" — why it still counts
The dealer's inability to reproduce the problem does not defeat a Song-Beverly claim. Keep the paperwork.
The common experience
The dealer wrote "CND" on the invoice
Owners often bring a vehicle in for an intermittent defect — a stalling engine, a flickering infotainment screen, a transmission shudder that only shows under load — and the dealer's technician cannot reproduce it. The repair order comes back marked "could not duplicate" or "CND".
Many owners assume this means the visit does not count. It does.
What the statute says
Tanner Act and repair attempts
California's Tanner Consumer Protection Act (Cal. Civ. Code § 1793.22) counts a presentation of the vehicle to the manufacturer's authorised repair facility for warranty repair as a repair attempt — regardless of whether the dealer's technician was able to find the defect that day.
So each CND visit is a brick in the Song-Beverly wall. Keep every repair order. Keep every text message with the service advisor. Keep every dated photograph you take of the car in the service bay. They are your evidence.
Have a stack of "could not duplicate" orders?
Start My Free Case ReviewAttorney Advertising disclaimer: Prior results do not predict or indicate a similar outcome in any future matter. The information on this page is general information about California law, not legal advice, and does not create an attorney-client relationship. If your vehicle is unsafe to drive, stop driving it and call the firm on (619) 235-0137. Figures from the federal safety regulator's record are estimates taken from the record on the date shown.