Garlough

Garlough v. FCA US LLC

Good Law
United States District Court, Eastern District of CaliforniaSeptember 3, 20212:20-cv-01879California3,786 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 BRIAN GARLOUGH, No. 2:20-cv-01879-JAM-AC Plaintiff, v. ORDER GRANTING DEFENDANTS LITHIA

MOTORS’ AND FCA’S MOTIONS TO

FCA US LLC, et al., DISMISS Defendants. 17 I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND1 On July 5, 2018, Brian Garlough (“Plaintiff”) purchased a 2018 Dodge Demon after viewing various promotional materials. Third Am. Compl. (“TAC”) ¶¶ 18, 26-27; ECF No. 50. One of the most prominent features of the car is the 45 square inch, air- grabber hood scoop (“hood scoop”). Id. ¶ 15. Plaintiff alleges that Defendant FCA, who marketed and produced the Dodge Demon, was aware of issues with the hood scoop but concealed this defect

1 This motion was determined to be suitable for decision without oral argument. E.D. Cal. L.R. 230(g). The hearing was scheduled for July 27, 2021. from consumers and continued to market the car. Id. ¶¶ 21-25. Specifically, Plaintiff alleges that…

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