Angele Suzanne Cox v. FCA US LLC

Good Law
United States District Court, Central District of CaliforniaJune 2, 20202:20-cv-03098California2,533 words

Opinion

Trial Court Opinion

I.

FACTUAL AND PROCEDURAL BACKGROUND

On February 26, 2020, Plaintiffs filed a complaint in Los Angeles County Superior Court against Defendants FCA US LLC (“FCA”) and S.J. Denham, Inc. (“Denham”) alleging violations of California’s Song-Beverly Consumer Warranty Act (“Song-Beverly Act”), Cal. Civ. Code § 1790 et seq., as well as fraud by omission and negligent repair. [Doc. # 6-1.] On March 31, 2020, Plaintiffs filed a First Amended Complaint (“FAC”). [Doc. # 17.] The FAC added a cause of action for violation of the California Consumer Legal Remedies Act (“CLRA”), Cal. Civ. Code § 1750 et seq. FAC at ¶¶ 58-75.

Plaintiffs’ allegations stem from their December 2016 purchase of a 2017 Chrysler Pacifica manufactured by FCA. Id. at ¶ 8. Plaintiffs allege that the vehicle developed defects including a failure in the starter system, failure of the driver’s side wheel, a faulty brake system, and other safety-related issues potentially linked to a defective transmission. Id. at ¶ 10, 13. Plaintiffs further allege that FCA knew of the transmission issue prior to Plaintiffs’ purchase. Id. at ¶ 13. According to Plaintiffs, while an FCA warranty guarantees…

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