Robert Avellanet v. FCA US LLC

I. FACTUAL AND PROCEDURAL BACKGROUND

On July 31, 2019, Plaintiff filed a Complaint against FCA in Los Angeles County Superior Court, alleging violations of the Song-Beverly Consumer Warranty Act, Cal. Civ. Code § 1790, et seq. Specifically, Plaintiff alleges that he purchased a 2016 Fiat 500x (the “Vehicle”) on October 14, 2015, and that the vehicle contained or developed defects, including a defective engine. Plaintiff claims that FCA, the manufacturer of the Vehicle, and its representatives failed to repair the vehicle after a reasonable number of attempts. On August 28, 2019, FCA filed its Answer to Plaintiff’s Complaint. On September 3, 2019, FCA filed a Notice of Removal, alleging that this Court has diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). On September 6, 2019, Plaintiff filed a First Amended Complaint, adding a non-diverse defendant, Fiat of Glendale (“Fiat”). Fiat is the dealership which sold the Vehicle to Plaintiff on October 14, 2015. Plaintiff alleges only one claim for relief against Fiat -- breach of the implied warranty of merchantability pursuant to California Civil Code § 1794. On September 24, 2019, Plaintiff filed this Motion, arguing in…