Terry Holbrook v. Ford Motor Company

I. Background

Before the court is a motion by plaintiff Terry Holbrook (“Holbrook”) to remand this case to state court on the ground that the Court lacks subject matter jurisdiction. On December 18, 2019, Holbrook filed a complaint against defendants Ford Motor Company (“Ford”) and Galpin Motors, Inc. (“Galpin”), d.b.a. Galpin Ford (collectively, “Defendants”) in Los Angeles County Superior Court, asserting six state-law causes of action. Only the fifth cause of action – that Ford and Galpin breached the implied warranty of merchantability in violation of the Song-Beverly Consumer Warranty Act, see Cal. Civ. Code §§ 1791.1, 1794, 1795.5 – involves Galpin. Complaint (“Compl.”) ¶¶ 31-35, Docket No. 1-2. Holbrook alleges the following: On or about December 24, 2011, he purchased a 2012 Ford F-250 (the “Vehicle”). Compl. ¶ 8. The purchase was accompanied by two express warranties: a 3-year/36,000-mile bumper-to-bumper warranty and a 5-year/100,000-mile powertrain warranty. Id. ¶ 9. “During the warranty period,” the Vehicle “contained or developed defects.” Id. ¶ 10. Defendants removed the action to this Court on January 27, 2020, invoking the Court’s…