Ignacio Ibarra Amavizca v. Nissan North America, Inc.
Opinion
Trial Court Opinion
I. Introduction
On March 24, 2022, Ignacio Ibarra Amavizca and Pricila Ibarra (collectively, “Plaintiffs”) filed this action in the Riverside Superior Court against Nissan North America, Inc. (“Nissan”) and Okdak, Inc. (“Okdak,” or together with Nissan, “Defendants”). Dkt. 1-2 (the “Complaint”). The Complaint advanced four causes of action against Defendants: (1) breach of an express warranty in violation of the Song-Beverly Act; (2) fraudulent inducement via intentional misrepresentation; (3) fraudulent inducement by concealment; and (4) negligent repair. Id.
Plaintiffs and Okdak are California citizens. Dkt. 1. However, on December 5, 2022, Plaintiffs dismissed Okdak from this action. Dkt. 1-6. Complete diversity was satisfied as to the remaining parties, Plaintiffs and Nissan. On December 27, 2022, Nissan removed this action asserting diversity jurisdiction. Dkt. 1.
On March 2, 2023, Plaintiffs moved to remand this action. Dkt. 11 (the “Motion”). On March 16, 2023, Nissan filed an opposition to the Motion. Dkt. 18 (the “Opposition”). On March 23, 2023, Plaintiffs filed a reply brief in support of the Motion. Dkt. 19 (the “Reply”).