Yan Kawabata v. FCA US LLC
Opinion
Trial Court Opinion
I. BACKGROUND
Kawabata filed the initial complaint in the Superior Court of California, County of Orange, Case No. 30-2020-01122406-CU-BC-NJC, on January 7, 2020. Compl., ECF No. 1-1. The Complaint alleged one violation of the Song-Beverly Consumer Warranty Act against FCA. Id. at ¶¶ 9-24. The Complaint alleged the following. On December 29, 2016, Kawabata purchased a new 2017 Jeep Wrangler. Id. at ¶ 6. Express and implied warranties from FCA as manufacturer and/or distributor of the
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. SACV 20-00244 JVS (ADSx) Date 4/10/2020 Title Yan Kawabata v. FCA US LLC et al. Kawabata delivered the vehicle to authorized FCA repair facilities on numerous occasions, but FCA failed to either promptly replace or make restitution in accordance with the Song-Beverly Consumer Warranty Act. Id. at ¶¶ 15, 18. FCA was served on January 13, 2020, and subsequently removed the action to this Court on February 7, 2020 on the grounds of diversity jurisdiction. See Removal, 1, 3, ECF No. 1. On February 18, 2020, Kawabata filed the FAC without seeking leave from the Court which was not required under Rule 15(a)(1)(B)…