Roberto Garcia Mariscal v. Nissan North America, Inc.

I. INTRODUCTION

On May 9, 2023, Roberto Garcia Mariscal (“Plaintiff”) filed a Complaint in state court alleging violations of the Song-Beverly Consumer Warranty Act and fraud against Nissan North American, Inc. (“Defendant”). The action arises out of Plaintiff's purchase of a 2018 Nissan Altima. Plaintiff alleges the following claims: (1) breach of express warranty in violation of the Song-Beverly Act; (2) breach of implied warranty in violation of the Song-Beverly Act; (3) violation of the Song Beverly Act Section 1793.2(b); (4) fraudulent inducement by concealment. On May 2, 2024, Defendant removed the action to federal court on the basis of diversity jurisdiction. On May 21, 2024, Plaintiff filed the current Amended Motion to Remand. For the following reasons, the Court GRANTS Plaintiff’s Motion. fl FACTUAL BACKGROUND In 2018, Plaintiff purchased a Nissan vehicle. Plaintiff alleges that the vehicle was not only warranted by Defendant, but also that Defendant concealed material information regarding the Continuously Variable Transmission of the vehicle. Plaintiff alleges that starting in November 2019, he began experiencing problems with the vehicle, including…