Joel Gallardo v. FCA US LLC

I. INTRODUCTION & BACKGROUND

23 On January 14, 2020, Plaintiffs Joel and Sarah Gallardo filed an action in San 24 Bernardino County Superior Court against Defendants FCA US, LLC (“FCA”) and DCH 25 Chrysler Jeep Dodge of Temecula (“DCH”). (Dkt. 1-3 [Complaint, hereinafter 26 “Compl.”].) In general, Plaintiffs allege that they purchased a 2017 Chrysler Pacifica 27 containing a defective transmission. (Id. ¶ 8.) FCA manufactured the vehicle, but on at least one occasion, Plaintiffs brought it to Defendant DCH for repair. (Id. ¶ 59.) Based on the alleged defects in their vehicle, Plaintiffs assert six state law causes of action against FCA for (1) violation of California Civil Code § 1793.2(d), (2) violation of California Civil Code § 1793.2(b), (3) violation of California Civil Code § 1793.2(a)(3), (4) breach of express written warranty, (5) breach of the implied warranty of merchantability, and (6) fraud by omission. (Id. ¶¶ 26–57.) They also assert one state law claim against DCH for negligent repair. (Id. ¶¶ 58–62.) 8 For the purposes of diversity jurisdiction, both Plaintiffs are California citizens. 10 (Id. ¶ 3.) FCA is a Delaware…