Ana Sanchez v. FCA US, LLC

facts regarding how many payments were actually made on the installment contract, but even assuming that Plaintiff continued to make payments until the date she filed her Complaint, the amount recoverable after approximately 25 months would be under $18,000—less than half the full value of the vehicle. Furthermore, under the Song-Beverly Warranty Act, a plaintiff's recovery is reduced by an amount corresponding to the plaintiffs use of the vehicle prior to the first repair. See Tokmakova v. Volkswagen Grp. of Am., Inc., No. 12-04666 SJO (PJWx), 2012 WL 12952629, at *2—3 (C.D. Cal. Aug. 1, 2012). Defendant submits that Plaintiff had driven the vehicle 10,064 miles before the vehicle was first repaired. Thus, after factoring the use, the actual damages would be substantially lower than $18,000. Defendant points out that Plaintiff also seeks a civil penalty. Indeed, Plaintiff's prayer for relief requests “a civil penalty as provided in Song-Beverly, in an amount not to exceed two times the amount of Plaintiff's actual damages.” (Compl. 26, ECF No. 1-1.) However, because Defendant does not establish that the actual damages exceed $25,000, the actual damages and civil…