Jesse Harris v. FCA US, LLC

I. Background

On October 24, 2020, Plaintiffs purchased a Certified Pre-Owned 2018 Chrysler Pacifica (the “Vehicle”), which Defendant manufactured. (Compl. ¶ 6.) However, “[d]efects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to, transmission defects, engine defects, electrical defects; among other defects and non-conformities,” which “substantially impair the use, value, or safety of the Vehicle” such that “[t]he value of the Vehicle is worthless and/or de minimis.” (Id. ¶¶ 11-13.) More specifically, “2018 Chrysler Pacifica vehicles equipped with a 9-speed transmission are defective, contained one or more defect(s) to the transmission which may result in hesitation on acceleration, loss of power, hard and/or harsh shifts, and/or jerking (the ‘Transmission Defect’).” (Id. ¶ 15.) “While it has been fully aware of the Transmission Defect, Defendant FCA actively concealed the existence and nature of the alleged defect from Plaintiffs at the time of purchase, repair, and thereafter.” (Id. ¶ 24.) Based on these facts, Plaintiffs bring claims for violation of the Song-Beverly Act and a claim…