Ernestina Nunez v. Nissan North America, Inc.
Opinion
Trial Court Opinion
CIVIL MINUTES – GENERAL
No. 5:23-cv-00881-ODW (SHKx) Date June 16, 2023 Title Ernestina Nunez et al. v. Nissan North America, Inc.
Present: The Honorable Otis D. Wright, II, United States District Judge Sheila English Not reported N/A Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not present Not present Proceedings (In Chambers): Order REMANDING Case (Diversity Jurisdiction – Amount in Controversy)
On March 16, 2023, Plaintiffs Ernestina Nunez and Javier Nunez initiated this action against Defendant Nissan North America, Inc. in state court. (Notice of Removal (“NOR”) ¶ 1, ECF No. 1.) In their Complaint, Plaintiffs assert claims against Nissan for violations of express and implied warranties under the Song-Beverly Warranty Act and fraud. (NOR Ex. A (“Compl.”) ¶¶ 83–143, ECF No. 1-2.) Plaintiffs seek general, special, and actual damages; rescission; incidental and consequential damages; civil penalties; prejudgment interest; punitive damages; prejudgment interest; and attorneys’ fees and…