Critney

Critney v. National City Ford, Inc.

Good Law

255 F. Supp. 2d 1146·2003 U.S. Dist. LEXIS 6017

United States District Court, Southern District of CaliforniaApril 3, 20033:03-cr-00239California1,130 words

Opinion

ORDER GRANTING PLAINTIFF’S MOTION TO REMAND THIS ACTION TO SAN DIEGO COUNTY SUPERIOR COURT

I. FACTUAL BACKGROUND

In 2001, Plaintiff Critney purchased a used 2000 Ford Taurus from Defendant National City Ford, Inc. (“NCF”), a subsidiary of Defendant United Auto Group, Inc. (“UAG”). In January 2002, the Plaintiff filed a lawsuit against NCF in state court, alleging that NCF had failed to inform him that the Taurus was a prior rental vehicle. The Complaint lists numerous state causes of action and a single federal claim for violation of the Magnu-son-Moss Warranty Act ( 15 U.S.C. §§ 2301 et seq.) (“MMWA”). NCF did not remove the action to federal court.

During discovery, the Plaintiff became aware that NCF had sold 240 undisclosed prior rental vehicles to California consumers between May 1999 and August 2002. See Decl. of Alan M. Mansfield in Supp. of Mot. to Remand (“Mansfield Decl.”) at Ex. 1. Additionally, NCF disclosed that its parent company, UAG, played a role in implementing the procedures that resulted in the sale of undisclosed prior rental vehicles. See id. In response, the Plaintiff filed an Amended Complaint on January 27, 2003, adding class allegations and naming UAG…

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