Fabian Valenciano v. FCA US LLC
Opinion
Trial Court Opinion
I. INTRODUCTION & BACKGROUND
23 On February 26, 2020, Plaintiffs Fabian and Magda Isela Valenciano filed this 24 action in Los Angeles County Superior Court against Defendants FCA US, LLC (“FCA”) 25 and Scott Robinson Chrysler Dodge Jeep Ram (“Scott Robinson”). (Dkt. 6-1 26 [Complaint, hereinafter “Compl.”].) Plaintiffs allege that they purchased a 2012 Dodge 27 Challenger with numerous defects. (Id. ¶¶ 7, 9.) FCA manufactured the vehicle, and on at least five occasions, Plaintiffs brought it to Scott Robinson for repair. (Id. ¶¶ 107–11.) 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) fraudulent inducement by concealment. (Id. ¶¶ 119–160.) They also assert claims against Scott Robinson for breach of the implied warranty of merchantability and negligent repair. (Id. ¶¶ 137–41, 161–65.) 9 For purposes of diversity…