Misty Nevarez v. FCA US LLC
Opinion
Trial Court Opinion
I. Background
A. Facts The following facts are drawn from Plaintiff’s Complaint (“Compl.”) (Dkt. 1-2). This action concerns Plaintiff’s purchase of a vehicle sold by a Defendant FCA US LLC (“FCA”) authorized retail seller. Compl. ¶ 4. Plaintiff alleges that the vehicle contained or developed defects, and FCA was unable to repair the vehicle. Id. ¶¶ 7–8. Plaintiff brings claims under the Song-Beverly Consumer Warranty Act seeking actual damages, civil penalties, costs and expenses, and prejudgment interest. Id. ¶¶ 9–32. In its Notice of Removal (Dkt. 1), Defendant admits that actual damages and civil penalties, taken together, equal $65,596.71. Notice of Removal ¶ 20.
CIVIL MINUTES – GENERAL
Case No. SA CV 20-00568-DOC-JDE Date: May 12, 2020 Page
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B. Procedural History Plaintiff originally filed suit in the Superior Court of California, County of Orange. Dkt. 1. Plaintiff filed the instant Motion to Remand (Dkt. 11) on April 16, 2020. On April 27, 2020, Defendant FCA filed an Opposition (“Opp’n”) (Dkt. 14), and Plaintiff submitted her Reply (Dkt. 16) on May 4, 2020.
II. Legal Standard
“If at any time before final judgment it appears that…