Albert Diaz v. Ford Motor Company
Opinion
Trial Court Opinion
I. BACKGROUND
On June 15, 2020, Plaintiff filed his Complaint in the Superior Court of California for the County of Riverside against Defendants Ford Motor Company and Does 1 through 20. (“Complaint,” Dkt. No. 1-1.) The Complaint alleges two causes of action: (1) breach of implied warranty of merchantability under the Song-Beverly Warranty Act; and (2) breach of express warranty under the Song-Beverly Warranty Act. (Compl. ¶¶ 14-34.)
On July 24, 2020, Defendant Ford Motor Company (“Ford”) removed the action to federal court, arguing that there is diversity jurisdiction. (“Notice of Removal,” Dkt. No. 1.) Plaintiff filed the Motion on September 25, 2020. On October 9, 2020, Defendant filed an Opposition. (“Opposition,” Dkt. No. 11.) Plaintiff replied on October 19, 2020. (“Reply,” Dkt. No. 13.)
II. FACTUAL ALLEGATIONS
On or about November 18, 2017, Plaintiff purchased a new 2017 Ford Super Duty F-250 SRW (“Vehicle”), which Defendant manufactured. (Compl. ¶¶ 4-5.) Along with the purchase of the Vehicle, Plaintiff received a series of written, express, and implied warranties. (Id. ¶ 7.) Plaintiff has delivered the Vehicle to Defendant’s authorized service and repair…