Carlos Arteaga v. FCA US LLC
Opinion
Trial Court Opinion
I.
BACKGROUND
On February 14, 2020, Plaintiff filed a complaint in Los Angeles County Superior Court against FCA, alleging violations of California’s Song-Beverly Consumer Warranty Act (“Song- Beverly Act”), Cal. Civ. Code § 1790 et seq., and fraudulent concealment. Notice of Removal, Ex. A (“Compl.”) [Doc. # 1-2]. Plaintiff’s allegations arise from his purchase of a 2016 Dodge Challenger (“the Vehicle”), which was manufactured or distributed by FCA. Id. at ¶ 8. Plaintiff also brings a claim for negligent repair against the dealership that performed maintenance and repair services on the car, Dependable Chrysler Dodge Jeep Ram (“Dependable”). Id. at ¶¶ 165– 169.
On March 23, 2020, FCA removed the case to this Court, asserting diversity jurisdiction. See Notice of Removal [Doc. # 1]. On May 6, 2020, Plaintiff filed his MTR. [Doc. # 12.]
II.
LEGAL STANDARD
Diversity jurisdiction under 28 U.S.C. section 1332 requires that the parties to a suit be of diverse citizenship. Diaz v. Davis (In re Digimarc Corp. Derivative Litig.), 549 F.3d 1223, 1234 (9th Cir. 2008) (citing Strawbridge v. Curtiss, 7 U.S. 267, 267 (1806)). “A defendant seeking
1 Plaintiff filed a reply brief…