Edward Herrera v. Ford Motor Company

I. Factual and Procedural Background

Plaintiff commenced this action in Los Angeles Superior Court on May 4, 2021. The Complaint, which alleges “lemon law” claims under California’s Song-Beverly Consumer Warranty Act (“Song-Beverly” or the “Act’) for breaches of implied and express warranties, arises out of Plaintiff's purchase of an allegedly defective vehicle. Defendant filed its Notice of Removal on June 9, 2021, alleging that this Court possesses diversity jurisdiction over the action pursuant to 28 U.S.C. § 1332. Plaintiff purchased a new 2017 Ford Explorer (the “Vehicle”’) from Star Lincoln Ford on December 26, 2017. The Total Sales Price for the Vehicle at the time of purchase was $71,264.88. The Total Sales Price for the Vehicle included $19,026.18 in negative equity for the trade-in of Plaintiff's 2016 Ford F-150. The Total Sales Price for the Vehicle included $550 in GAP insurance sold by the dealer at the time of purchase. Plaintiff brought his vehicle into a Ford dealership one time during the first year of ownership, on December 13, 2018, stating that the battery needed to be jump started, but the technicians could not duplicate the concern. …