Joshua Martinell v. Subaru of America Inc
Opinion
Trial Court Opinion
I. BACKGROUND
On July 31, 2024, Plaintiff filed a complaint in the California Superior Court for the County of San Bernardino alleging two causes of action against defendant Subaru of America, Inc. (“Defendant” or “Subaru”) and Does 1-20: (1) breach of express warranty under the Song- Beverly Consumer Warranty Act, Cal. Civ. Code § 1790, et seq. (“Song-Beverly Act”) and (2) breach of implied warranty under the Song-Beverly Act. (“Complaint,” Dkt. No. 1-2.)
On September 13, 2024, Defendant removed the action to this Court asserting diversity jurisdiction under 28 U.S.C. Section 1332. (“Notice of Removal,” Dkt. No. 1.) On September 30, 2024, Plaintiff filed the Motion. (Motion.) In support, Plaintiff filed a declaration of attorney Carrie Shumake (“Shumake Decl.,” Dkt. No. 10-2.) On October 11, 2024, Defendant opposed the Motion. (“Opposition,” Dkt. No. 12.) In support, Defendant filed a declaration of attorney Hang A. Do. (“Do Decl. for Opp.,” Dkt. No. 12-1.) On November 8, 2024, Plaintiff replied (“Reply,” Dkt. No. 18) and filed evidentiary objections1 (“Objections,” Dkt. No. 19).