Arthur Lopez v. FCA US LLC

I. BACKGROUND

On July 27, 2020, Plaintiffs Arthur Lopez and Christina Lopez filed a complaint in Riverside County Superior Court against Defendant FCA US, LLC (“Defendant FCA”) and Doe Defendants. (“Complaint,” Dkt. No. 1-1.) Defendant FCA removed the action on September 4, 2020. (Dkt. No. 1.) Plaintiffs’ Complaint alleged 3 causes of action: (1) Breach of Implied Warranty of Merchantability under the Song-Beverly Warranty Act; (2) Breach of Express Warranty under the Song-Beverly Warranty Act; and (3) Fraudulent Inducement - Concealment. (See Complaint.) Plaintiffs also requested punitive damages. Id.

On September 22, 2020, the parties filed a stipulation to dismiss Plaintiffs’ third cause of action, Fraudulent Inducement, with prejudice, and strike Plaintiffs’ request for punitive damages. (See Dkt. No. 10.) The Court approved the stipulation on September 29, 2020. (Dkt. No. 11.) On October 22, 2020, the Court granted Defendant’s Motion to Dismiss Plaintiffs’ First Cause of Action. (Dkt. No. 15.) All that remains is a single cause of action for Breach of Express Warranty under the Song-Beverly Warranty Act.

On October 28, 2020, Plaintiffs filed this Motion. …