Genoveva Garcia v. Nissan North America, Inc.

I. INTRODUCTION

On May 18, 2023, Plaintiff Genoveva Garcia (“Plaintiff”) filed a Complaint in state court against Nissan North America, Inc. (“Defendant”). Plaintiff asserts three Violations of the Song-Beverly Act: Breaches of Express and Implied Warranties, and a Violation of § 1793.2. Plaintiff also asserts a claim of Fraud — Fraudulent Inducement — Concealment. Defendant filed an Answer on September 18, 2023. On May 16, 2024, Defendant removed the action to federal court based on diversity jurisdiction. Presently before the Court is the Plaintiff's Motion to Remand. For the following reasons, the Court GRANTS Plaintiff's Motion.

II. FACTUAL BACKGROUND

Plaintiff's complaint alleges the following facts: On August 4, 2021, Plaintiff purchased a 2021 Nissan Sentra (“Vehicle’’), a new vehicle warranted by Defendant. Specifically, Plaintiff received various warranties, including a “3-years/36,000 miles express bumper to bumper warranty and a 5-year/60,000 miles of limited powertrain warranty.” The Vehicle was delivered to Plaintiff with “serious defects and nonconformities to warranty” and later developed other serious defects. Plaintiff contends that after…