Monica Y. Avalos v. Nissan North America, Inc.
Opinion
Trial Court Opinion
I. FACTUAL AND PROCEDURAL BACKGROUND
On March 20, 2018, Plaintiff purchased a new 2018 Nissan Sentra (the “Subject Vehicle”). The Subject Vehicle was allegedly covered by various warranties issued by Defendant, including, inter alia, a 3-year, 36,000 mile express bumper to bumper warranty and a 5-year, 60,000 mile limited power train warranty. Plaintiff alleges that the Subject Vehicle was delivered to Plaintiff with serious defects and non-conformities to warranty and later developed other serious defects and non-conformities to warranty, including transmission, electrical, suspension, engine, and structural system defects. Plaintiff alleges that she delivered the vehicle to Defendant’s authorized repair facilities multiple times, but that Defendant failed to repair the vehicle after a reasonable number of opportunities. On May 10, 2024, Plaintiff filed a Complaint against Defendant in Los Angeles County Superior Court, alleging the following claims for relief: (1) violation of the Song-Beverly Act -- breach of express warranty; (2) violation of the Song-Beverly Act -- breach of implied warranty; (3) violation of Song Beverly Act, Cal. Civil Code § 1793.2(b); and (4) fraud --…