Damany Phifer v. Subaru of America, Inc.

I. INTRODUCTION

Before the Court is the Motion to Remand to Riverside County Superior Court filed by Plaintiffs Damany Phifer and Martha Phifer. [Dkt. 20, Pls.’ Mot. to Remand to Riverside Cnty. Superior Ct.]. Defendant Subaru of America, Inc. opposes. [Dkt. 28, Def. Subaru of Am., Inc.’s Opp’n to Pls.’ Mot to Remand (“Opp’n”)]. Having reviewed the parties’ arguments, relevant legal authority, and record in this case, the Motion to Remand is GRANTED.

II. BACKGROUND

The Phifers purchased a 2022 Subaru Ascent in February 2022. [See Dkt. 1-2, Decl. of Daniel R. Villegas (“Villegas Decl.”) Ex. A ¶¶ 6, 10]. The vehicle came with an express written warranty under which Subaru agreed to ensure that the vehicle performed well and to provide compensation if there was a failure in the vehicle’s performance. [Id. ¶ 10]. According to the Phifers, their Subaru Ascent began developing issues with its body, brakes, transmission, and engine. [Id. ¶ 12]. The Phifers allege they gave Subaru many opportunities to fix the vehicle, but it was unable to do so within a reasonable number of attempts. [Id. ¶ 15]. These defects, the Phifers allege, impaired the safety, use, and value of…