Garlough

Garlough v. FCA US LLC

Good Law
United States District Court, Eastern District of CaliforniaApril 19, 20212:20-cv-01879California7,531 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 BRIAN GARLOUGH, No. 2:20-cv-01879-JAM-AC Plaintiff, v. ORDER GRANTING DEFENDANT

LITHIA’S MOTION TO DISMISS AND

FCA US LLC, a Delaware GRANTING IN PART AND DENYING IN limited liability company, et PART DEFENDANT FCA’S MOTION TO al., DISMISS Defendants. 16 I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND1 On July 5, 2018 Brian Garlough (“Plaintiff”) purchased a 2018 Dodge Demon in Texas that he had shipped to his home state of California. Second Am. Compl. (“SAC”) ¶¶ 19-21; see also SAC Ex. A. One of the most prominent features of the car is the 45 square inch, air-grabber hood scoop (“hood scoop”). SAC ¶ 13. Based on information and belief, Plaintiff alleges that Defendant FCA, who marketed and produced the Dodge Demon, was aware of issues with the hood scoop but concealed this defect from

1 This motion was determined to be suitable for decision without oral argument. …

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