Ismael Coronel v. Ford Motor Company

I. BACKGROUND

Plaintiff purchased a 2012 Ford Edge (the Vehicle) in December 2011. Dkt. 1-1 (Compl.) ¶ 8. Plaintiff received an express written warranty for the Vehicle. Id. ¶ 9. During the warranty period, the Vehicle “contained or developed defects.” Id. ¶ 10. Defendants “have been unable to service or repair the Vehicle to conform to the applicable express warranties after a reasonable number of opportunities.” Id. ¶ 11. In addition, Defendants “failed to commence the service or repairs within a reasonable time.” Id. ¶ 18. Finally, Defendants “failed to promptly replace the Vehicle or make restitution to Plaintiff.” Id. ¶ 11. Plaintiff filed the instant action alleging claims against Ford for violations of the Song-Beverly Consumer Warranty Act (the Song- Beverly Act), breach of the express written warranty, and fraud by omission, and against both Defendants for breach of the implied warranty of merchantability under the Song-Beverly Act.

II. LEGAL STANDARD

“Federal courts are courts of limited jurisdiction” and “possess only that power authorized by [the] Constitution and statute . . . .” Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994). A defendant…