Elsayed
Elsayed v. Maserati North America, Inc.
Opinion
Lead Opinion
Carney, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
I. INTRODUCTION
Plaintiff Mohamed Elsayed brought this action against Defendant Maserati North America, Inc. (“Maserati”). (Dkt. 12 (First Amended Complaint [hereinafter “FAC”]).) His complaint alleges that Maserati’s remote keyless entry system [hereinafter “RKE”] in its models 2014-2016 Ghibli vehicles has a life threatening defect. (Id. ¶¶ 1-3.) Plaintiff avers to represent a nationwide class of Ghibli owners or lessors in four causes of action: (1) Violation of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 (1), (2) Breach of Express Warranty, (3) Breach of Implied Warranty of Fitness for a Particular Purpose, and (4) Breach of Implied Warranty of Merchanti-bility. (Id. ¶¶ 36, 46-74.) He brings an additional six claims on behalf of himself and a subclass of California Ghibli purchasers *953 or lessors: (5) Products Liability-Negligent Design, (6) Products Liability-Failure to Warn, (7) Breach of Express Warranty (seeking addition statutory penalties pursuant to Cal. Civ. Code § 1794 (c)), (8) Breach of Implied Warranty of Merchanti-bility (seeking civil penalty under Cal. Civ. Code § 1794 (e)(1)), (9) Violation of the…