Elizabeth Kalfsbeek Charter v. FCA US LLC

I. BACKGROUND

On February 28, 2020, Kalfsbeek Charter brought this action in Los Angeles County Superior Court. Dkt. 1 (Notice of Removal) ¶ 2. Her first amended complaint alleged claims for a violation of California Civil Code sections 1793.2(b), (d), and (A)(3); breach of express written warranty in violation of California Civil Code sections 1791.2(a) and 1794; breach of the implied warranty of merchantability, California Civil Code sections 1791.1, 1794, and 1795.5; fraud by omission; and

1 The Court GRANTS Kalfsbeek-Charter’s unopposed request for judicial notice in support of her motion, dkt. 13, but did not rely on any of the decisions Kalfsbeek-Charter sought notice of in reaching its decision. violation of the Consumer Legal Remedies Act, California Civil Code sections 1750, et seq., Dkt. 1-4. Kalfsbeek Charter originally brought the action against FCA and Defendant Hanlees Chrysler Dodge Jeep Ram Kia. Notice of Removal ¶ 1. On March 5, 2021, Kalfsbeek Charter dismissed Hanlees. Id. ¶ 5. Because Hanlees was a California entity, complete diversity did not previously exist, id. ¶ 7, but FCA asserts there is now complete diversity, id. ¶ 10. On April 1, 2021, FCA…