(BREACH OF IMPLIED WARRANTY OF FITNESS   FOR A PARTICULAR PURPOSE)   (BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY)   (BREACH OF EXPRESS WARRANTY)   (VIOLATION OF MAGNUSON-MOSS WARRANTY ACT)   62.  Plaintiff brings this action on behalf of itself and as a class action,  pursuant to the provisions of Rules 23(a), (b)(2), and (b)(3) of the Federal Rules of  Civil Procedure on behalf of the following classes:  All persons or entities in the United States who are current or former  owners and/or lessees of a Class Vehicle (the “Nationwide Class”).  All persons or entities who purchased or leased a Class Vehicle in the  State of California (the “California Class”).  (collectively, the “Class,” unless otherwise noted).     63.  Excluded from the Class are individuals who have personal injury  claims resulting from the defect in the MyFord Touch system.  Also excluded from  the Class are Ford and its subsidiaries and affiliates; all persons who make a timely  election to be excluded from the Class; governmental entities; and the judge to whom  this case is assigned and his/her immediate family.  Plaintiff reserves the right to  revise the Class definition based upon information learned through discovery.   64.  Certification of Plaintiff’s claims for class-wide treatment is appropriate  because Plaintiff can prove the elements of his claims on a class-wide basis using the  same evidence as would be used to prove those elements in individual actions  alleging the same claim.   65.  This action has been brought and may be properly maintained on behalf  of each of the Classes proposed herein under Federal Rule of Civil Procedure 23.   72.  Plaintiff incorporates by reference all allegations of Paragraphs 1-71 as  though fully set forth herein.   73.  Plaintiff brings this Count on behalf of the Nationwide Class.   74.  Plaintiff is a “consumer” within the meaning of the Magnuson-Moss  Warranty Act, 15 U.S.C. § 2301(3).   75.  Ford is a “supplier” and “warrantor” within the meaning of the  Magnuson-Moss Warranty Act, 15 U.S.C. § 2301(4)-(5).   85.  Plaintiff incorporates by reference all allegations of Paragraphs 1-71 as  though fully set forth herein.   86.  Plaintiff brings this Count on behalf of the Nationwide Class.   91.  Plaintiff incorporates by reference all allegations of Paragraphs 1-71 as  though fully set forth herein.   92.  Plaintiff brings this Count on behalf of the Nationwide Class.   96.  Plaintiff incorporates by reference all allegations of Paragraphs 1-71 as  though fully set forth herein.   97.  Plaintiff brings this Count on behalf of the Nationwide Class.   98.  Ford is and was at all relevant times a merchant with respect to MyFord  Touch-equipped motor vehicles.   A.  Introduction of MyFord Touch   A.  Introduction of MyFord Touch ................................................................ 5  B.  Description of MyFord Touch ................................................................. 7  C.  MyFord Touch Has Been Plagued with Serious Defects ...................... 11  D.  The TSBs and Warranty Extension ........................................................ 12  E.  Similar Experiences and Complaints by Consumers ............................. 16  F.  Fallout From the MyFord Touch Problems ........................................... 22  VI.  ACT) ................................................................................................................. 27  COUNT II:  (BREACH OF EXPRESS WARRANTY) .................................. 29  COUNT III:  (BREACH OF IMPLIED WARRANTY OF FITNESS    MERCHANTABILITY) .................................................................................. 31  B.  Claims Brought on Behalf of the California Class ................................ 32  NOW THEY FINALLY DO BUT DO NOT SAY WHEN A FIX WILL BE  AVAILABLE. I SHOULD HAVE BEEN TOLD THAT OPTION WAS NOT  WORKING BEFORE THEY HAD ME SIGN A LEASE FOR THE CAR. ALOT  THE MEMORY. IT HELPED, BUT IT STILL FAILED, AT TIMES. THE  SECOND TIME, HE RETURNED TO THE DEALER, THEY INSTALLED AN  UPDATED PROGRAM FROM FORD THAT WAS SUPPOSED TO CORRECT  THE MALFUNCTIONING SYSTEM. A TYPICAL PROBLEM WAS THE  SYSTEM LOCKING UP, THE SCREEN WOULD FREEZE AND THERE WAS  NO CONTROL OVER THE HEATER/AIR CONDITIONER OR RADIO  VII.  CLAIMS FOR RELIEF .................................................................................... 27  A.  Claims Brought on Behalf of the Nationwide Class .............................. 27 