Bryan Brooks v. Ford Motor Company

I. BACKGROUND

Plaintiff purchased a 2018 Ford Super Duty (the Vehicle) on August 1, 2018. Dkt. 1-3 (Compl.) ¶¶ 5-6. Plaintiff received “written warranties and other express and implied warranties” for the Vehicle. Id. ¶ 8. During the warranty period, Plaintiff delivered the Vehicle to Defendant’s authorized service and repair facilities on at least four occasions based on issues with the check engine light and an oil warning sensor malfunction. Id. ¶¶ 10-11. Defendant’s representatives at the service and repair facilities represented that they conformed the Vehicle to the applicable warranties; however, the defects “continue to exist even after a reasonable number of attempts to repair was given.” Id. ¶ 13. Plaintiff filed the instant action alleging claims for breach of the implied warranty of merchantability and of the express warranty under the Song-Beverly Consumer Warranty Act (the Song-Beverly Act).

II. LEGAL STANDARD

“Federal courts are courts of limited jurisdiction” and “possess only that power authorized by [the] Constitution and statute . . . .” Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994). A defendant may remove an action to federal court if…