Victor Gonzalez v. FCA US LLC
Opinion
Trial Court Opinion
I.
INTRODUCTION
On September 11, 2024, plaintiff Victor Gonzalez (“Plaintiff”) filed a Complaint against defendant FCA US LLC (“Defendant”) in Riverside County Superior Court, asserting violations of California’s Song-Beverly Consumer Warranty Act (“Song-Beverly Act”) and breach of implied warranty of merchantability. ECF Docket No. (“Dkt.”) 1-1 at 6-15. On October 21, 2024, the action was removed to this Court. Dkt. 1.
On December 1, 2024, Plaintiff filed the instant Motion to Remand (“Motion”). Dkt. 13. The Court finds this matter appropriate for resolution without oral argument. See Fed. R. Civ. P. 78(b); L.R. 7-15. For the reasons set forth below, Plaintiff’s Motion is DENIED.
II.
BACKGROUND
On September 11, 2024, Plaintiff filed the operative Complaint against Defendant in state court. Dkt. 1-1 at 6-15. Plaintiff alleges, “Plaintiff entered into a warranty contract with Defendant FCA regarding a 2018 Dodge Challenger” (“Subject Vehicle”). Id. at 7. Plaintiff’s claims arise from Defendant’s warranty obligations, specifically, Defendant’s failure to uphold its “affirmative duty to promptly offer to repurchase or replace the Subject Vehicle to the terms of the…