Alexandra E. Frank v. FCA US LLC

I. Background

Plaintiff Alexandra E. Frank sues Defendants FCA US, LLC (“FCA”); Lithia Chrysler Jeep Dodge Ram of Concord (“Lithia”); and Does 1-10 for: (1) violation of California Civil Code § 1793.2, subdivision (D); (2) violation of California Civil Code § 1793.2, subdivision (B); (3) California Civil Code § 1793.2, subdivision (A)(3); (4) breach of express written warranty, in violation of California Civil Code §§ 1791.2, subdivision (a), and 1794; (5) breach of the implied warranty of merchantability, in violation of California Civil Code §§ 1791.1, 1794, and 1795.5; (6) fraudulent inducement − concealment; and (7) negligent repair. See Complaint, Docket No. 1-2. In general, Plaintiff claims that she purchased a 2014 Jeep Cherokee (the “Vehicle”), which Defendant manufactured. Id. ¶ 8. Plaintiff received an express written warranty with the purchase, including a 3-year/36,000 mile bumper-to-bumper warranty and a 5-year/100,000 mile powertrain warranty, which covers the engine and transmission. Id. ¶ 9. Defendant undertook to maintain the Vehicle or to provide compensation if its performance failed. Id. The warranty provided that if the Vehicle developed a …