Marcia Davis v. FCA US LLC

I. BACKGROUND

On March 22, 2021, Plaintiff Marcia Davis (“Plaintiff” or “Ms. Davis”) filed a Complaint in the Superior Court of the State of California for the County of San Bernardino against Defendants FCA US LLC (“FCA” or “Defendant”) and Victorville Motors Chrysler Jeep Dodge Ram. (“Complaint,” Dkt. No. 1-1.) The Complaint alleges six causes of action: (1) failure to comply with obligation to repair or pay restitution for a defective vehicle in violation 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; (5) breach of the implied warranty of merchantability; and (6) fraud by omission. (Complaint.) On October 22, 2021, Ms. Davis dismissed Victorville Motors from the action. (“Removal,” Dkt. No. 1, ¶ 2.) On November 17, 2021, FCA removed to this Court and alleges diversity jurisdiction. (Removal.) Page 1 of CIVIL MINUTES—GENERAL Initials of Deputy…