MacDonald
MacDonald v. Ford Motor Co.
Opinion
Lead Opinion
Tigar, J.
ORDER GRANTING IN PART, DENYING IN PART DEFENDANT’S MOTION TO DISMISS
Re: ECF No.
In this action for breach of implied warranty, violations of California’s Unfair Competition Law, and related claims, Defendant Ford Motor . Company moves to dismiss each of Plaintiffs’ claims for failure to state a claim upon which relief can be granted. For the reasons set forth below, the motion to dismiss will be granted in part and denied in part.
I. BACKGROUND
Plaintiffs Jean MacDonald, Veronica Aguirre, and Brian Barbee bring this action individually and on behalf of a similarly situated class of individuals who purchased or leased 2005-2008 Ford Escape Hybrid, or 2006-2008 Mercury Mariner Hybrid vehicles (“Class Vehicles”). Second Am. Compl. (“SAC”), ECF No. 27 ¶ 1. Plaintiffs allege that the Class Vehicles, equipped with the Motor Electronic Cooling System (“MECS”), contain defective coolant pumps, and that Defendant, Ford Motor Company, knew of the defect and failed to inform consumers. Plaintiffs further allege that the defect caused abrupt loss of power, often at highway speeds, and accordingly presented a safety risk to drivers. Id. ¶ 5.