Barboza

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

EDUARDO BARBOZA, et al., No. 2:23-cv-02314-DJC-JDP

Plaintiffs, v. ORDER

FCA US, LLC,

14 Defendant. 15

Plaintiffs Eduardo Barboza and Joanna Castellano have filed the present action

against Defendant FCA US, LLC based on allegations that Defendant knowingly sold

Plaintiffs a vehicle with a transmission that contained one or more defects. After this

suit was originally filed in the San Joaquin County Superior Court, Defendant removed

it to this court on the basis of diversity jurisdiction. Plaintiffs now seek to have the

action remanded to the state court and Defendant asks that the Court dismiss Plaintiffs’ Complaint for failure to state a claim. For the reasons stated below, Plaintiffs’ Motion to Remand (Mot. (ECF No. 18)) is granted and Defendant’s Motion to Dismiss (ECF No. 6) is denied as moot. I. Background Plaintiffs allegedly entered into a warranty contract with Defendant for a 2016 28 …