Brian K. McDermott v. FCA US LLC

I. BACKGROUND

On March 22, 2021, the McDermotts filed a complaint against Defendants FCA US, LLC (“FCA”), Jeep Chrysler Dodge Ram Fiat of Ontario (“Jeep”), and Does 1 through 10 in the Superior Court of California for the County of San Bernardino (“Superior Court”). (“Complaint,” Dkt. No. 1-2.) The Complaint arises from the McDermotts’ August 21, 2018 purchase of a vehicle manufactured and/or distributed by FCA (“Vehicle”). (Id. ¶¶ 4, 5, 9.)

Initially, the Complaint alleged five claims against FCA and one claim against Jeep. (Id. ¶¶ 36–67.) On September 20, 2021, the Superior Court granted the McDermotts’ request to dismiss Jeep without prejudice. (“Jeep Dismissal,” NOR, Ex. B.) The remaining five causes of action against FCA allege three violations of California’s Song-Beverly Consumer Warranty Act (“Song-Beverly Act”), Cal. Civ. Code §§ 1792–1795.5; a breach of express written warranty in violation of Cal. Civ. Code §§ 1791.2(a), 1794; and fraud. (Compl. ¶¶ 36–54, 60–67.) Page 1 of CIVIL MINUTES—GENERAL Initials of Deputy Clerk MG Case 5:21-cv-01734-JGB-KK Document Filed 01/18/ Page 2 of Page ID #:808

On October 14, 2021, FCA filed its…