Elizabeth Cabrera v. FCA US LLC
Opinion
Trial Court Opinion
I. BACKGROUND
On November 25, 2020, Plaintiffs filed a Complaint in the Superior Court of the State of California for the County of Riverside against Defendants FCA US LLC (“FCA” or “Defendant”) and JA Moss Inc. (“Complaint,” Dkt. No. 1-1, Ex. A.) On June 30, 2021, Plaintiffs filed an amended complaint in state court. (“FAC,” Dkt. No. 1-1, Ex. S.) The FAC alleges five causes of action: (1) failure to comply with obligation to repair or pay restitution for a defective vehicle in of the Song-Beverly Consumer Warranty Act (the “Song-Beverly Act”), Cal. Civ. Code § 1790 et seq.; (2) failure to commence service or repairs in violation of the Song- Beverly Act; (3) failure to supply replacement parts during the express warranty period in violation of the Song-Beverly Act; (4) breach of express warranty in violation of the Song-Beverly Act; and (5) fraud by omission. (FAC.) Page 1 of CIVIL MINUTES—GENERAL Initials of Deputy Clerk NP Case 5:21-cv-01501-JGB-SHK Document Filed 02/01/ Page 2 of Page ID #:601
On August 3, 2021, Plaintiffs dismissed JA Moss, Inc. from the action. (Dkt. No. 1-1, Ex. D.) On September 2, 2021, Defendant removed the action to…