McPhail

McPhail v. FCA US, LLC.

Good Law
United States District Court, Southern District of CaliforniaJanuary 30, 20253:24-cv-01879California372 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PRISCILLA MCPHAIL and JAMES Case No.: 24-cv-1879-WQH-DDL

MCPHAIL,

12

ORDER RE JANUARY 21, 2025

Plaintiffs, 13 ORDER TO SHOW CAUSE v. HEARING 14

FCA US, LLC,

15

16 Defendant.

17

18 On January 6, 2025, the Court ordered the parties to show cause (1) why this case 19 should not be dismissed for improper venue or transferred to another district in the interest 20 of justice and (2) whether Plaintiffs have standing to seek relief under the Song-Beverly 21 Act and Cummins, Inc. v. Superior Ct., 36 Cal. 4th 478, 483 (2005) (“We conclude that the 22 Act does not apply unless the vehicle was purchased in California.”). Dkt. No. 7. The 23 Court set the matter for a hearing on January 21, 2025. 24 Plaintiffs and Defendant submitted written responses to the Order to Show Cause. 25 Defense counsel appeared at the January 21 hearing; however, Plaintiffs’ counsel of record 26 did not. Rather, attorney Ryan Baggs appeared…

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