Global Ally Customs Brokers Inc. v. Ford Motor Company

I. BACKGROUND

17 Plaintiff filed the instant lawsuit against Ford Motor Company in Case No. 37- 18 2023-00052007-CU-BCCTL of the Superior Court of California, County of San Diego. 19 Plaintiff filed its state action asserting state causes of action for violation of California’s 20 Song-Beverly Consumer Warranty Act (“Song-Beverly Act”), and breaches of express 21 and implied warranty. The causes of action are based on Plaintiff’s $82,249 purchase of 22 a new 2020 Ford F-150 (VIN:1FTFWIRG6LFB34737) and alleged substantial defects 23 discovered therein. Ford Motor Company then removed the case to this Court, pursuant 24 to 28 U.S.C. §§§ 1332, 1441, and 1446, based on diversity of citizenship and an amount 25 in controversy exceeding $75,000. 26 Plaintiff now seeks leave to file a First Amended Complaint to join as an 27 indispensable party defendant Chula Vista Ford, a citizen of California, as well as a cause 28 of action for negligent repair against Chula Vista Ford. See Motion, Dkt. 8 at 1. Plaintiff argues that joinder of Chula Vista Ford under 28 U.S.C. § 1447(e) is proper because efforts to repair the allegedly defective F-150 truck were attempted by Chula Vista…