Phu Phung v. FCA US, LLC

I. FACTUAL AND PROCEDURAL BACKGROUND

On February 26, 2020, Plaintiff filed a Complaint against Defendants FCA and Browning Dodge Chrysler Jeep Ram (“Browning DCJR”) (collectively, “Defendants”) in Los Angeles County Superior Court, alleging claims for relief for breach of implied and express warranty under California’s Song-Beverly Consumer Warranty Act, fraud by omission, and negligent repair. The negligent repair claim was the only claim alleged against Browning DCJR in the original Complaint. On April 1, 2020, Plaintiff filed a First Amended Complaint, adding a claim for relief against Browning DCJR for violation of the Consumers Legal Remedies Act (“CLRA”), Cal. Civ. Code § 1750, et seq. FCA was served with the Complaint on March 9, 2020, but was not served with the First Amended Compliant prior to filing its Notice of Removal. On April 8, 2020, FCA filed a Notice of Removal, alleging that this Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a) and that Browning DCJR was fraudulently joined. After this action was removed, on April 23, 2020, Plaintiff filed a Second Amended Complaint, adding a claim against FCA for violation of the Magnuson-Moss Warranty…