Emmanuel Duran v. FCA US LLC
Opinion
Trial Court Opinion
I. Background
Plaintiff entered into a warranty contract with Defendant FCA US LLC regarding a 2022 Ram 1500 vehicle. Plaintiff’s Complaint (“Complaint” or “Compl.”)(Dkt. 1 Ex. 2). Plaintiff received various warranties that provided that in the event a defect developed with the subject vehicle during the warranty period, Plaintiff could deliver the Subject vehicle to repair to Defendant’s representatives and the subject vehicle would be repaired. Id. ¶ 7. During the warranty period, the subject vehicle allegedly contained or developed defects and nonconformities to warranty. Id. ¶ ¶ 11, 12. Plaintiff alleges that
CIVIL MINUTES – GENERAL
Case No. 5:24-cv-01830-DOC-MAA Date: October 2, 2024
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Defendant and its representatives have failed to service or repaid the Vehicle to conform to the applicable express and implied warranties. Id. ¶ 22. After Plaintiff filed their Complaint in the San Bernardino County Superior Court, Defendant filed a Notice of Removal (“Not.”)(Dkt. 1) on August 26, 2024. See Compl., generally. Plaintiff filed a Motion to Remand (“Motion” or “Mot.”)(Dkt. 11) on September 30, 2024. No opposition has been filed.