Betty Barrett v. FCA US LLC

I. Background

A. Facts The following facts are drawn from Plaintiff’s Complaint (“Compl.”) (Dkt. 1-1). This action concerns Plaintiff’s purchase of a vehicle manufactured by Defendant FCA US, LLC (“Defendant”). Compl. ¶ 4–5. Plaintiff alleges that the vehicle contained or developed defects and continued to exhibit such defects after Plaintiff returned the vehicle to the dealer for repairs. Id. ¶ 9–10. Each time the vehicle exhibited defects, Plaintiff alleges that he notified the Defendant and attempted to invoke the applicable warranties. Id. ¶ 11–12. However, Plaintiff alleges that the Defendant continuously failed to make the vehicle conform to the applicable warranties. Id. ¶ 12–13. Plaintiff brings

CIVIL MINUTES – GENERAL

Case No. SA CV 21-00243-DOC-DFM Date: April 5, 2021 Page 2

claims under the Song-Beverly Consumer Warranty Act seeking actual damages, civil penalties, costs and expenses, attorneys’ fees, and prejudgment interest. Id. at 9. In its Notice of Removal (Dkt. 1), Defendant argues that actual damages equal $45,510.72. Notice of Removal ¶ 30.

B. Procedural History Plaintiff originally filed suit in the Superior Court of…