Josefina Vazquez Rodriguez v. Volkswagen Group of America, Inc.

I. Background

Plaintiffs’ claims concern their December 7, 2022, purchase of a VW motor vehicle. Dkt. 10 (FAC) ¶6. Plaintiffs are California residents and VW is a Virginia corporation. FAC ¶¶2, 3. Plaintiffs allege that they received an express written warranty when they purchased the vehicle that covered “failure in utility or performance for a specified period of time[,]” and “in the event a defect developed” during that time, repair by Defendant or a representative. FAC ¶10. Plaintiffs allege that after they took possession of the vehicle and during the warranty period, the vehicle exhibited defects that impaired its use, safety, and value. FAC ¶11. Further, VW and its California representatives were unable to repair the vehicle within a reasonable number of attempts. FAC ¶15. Plaintiffs bring five causes of action against VW for violation of California Civil Code Section 1793.2, the express warranty of merchantability, and the implied warranty of merchantability. FAC ¶¶19–42. Plaintiffs filed their complaint in Los Angeles County Superior Court on January 19, 2024. Dkt. 1 (Not. Remov.) ¶1. On March 25, 2024, VW removed. See Not. Remov. On April 3, 2024,…