Jose J. Melgoza v. Nissan North America, Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
On April 28, 2023, Plaintiff filed a complaint against defendant Nissan North America, Inc. (“Nissan” or “Defendant”) in the Superior Court of California, County of Riverside. (“Complaint,” Dkt. No. 1-2.) The Complaint asserts three causes of action under the Song- Beverly Act: (1) breach of express warranty; (2) breach of implied warranty; and (3) violation of Section 1793.2; along with a claim for fraud. (See Complaint.) On April 25, 2024, Defendant removed the matter to this Court pursuant to 28 U.S.C. §§ 1332, 1441 and 1446. (“NOR,” Dkt. No. 1.) In support of the NOR, Defendant filed the declaration of Richard J. May with attached exhibits. (“May Decl.,” Dkt. No. 1-1.) On May 20, 2024, Plaintiff filed this Motion. (Motion.) In support of the Motion, Plaintiff filed the declaration of Roy Enav with attached exhibits. (“Enav Decl.,” Dkt. No. 9-1.) On May 28, 2024, Defendant opposed. (“‘Opposition,” Dkt. No. 11.) In support of the Opposition, Defendant filed the declaration of Stephen H. Dye. (“Dye Decl.,” Dkt. No. 11-1.)