Mo Rahman v. FCA US LLC

I. BACKGROUND

Plaintiff purchased a 2016 Jeep Grand Cherokee (Vehicle) from Glenn E. Thomas Dodge Chrysler Jeep for $30,657.60 on or around June 20, 2016. (Second Amended Compl. (SAC) 4 9, Dkt. No. 1-4.) Plaintiff received an express written warranty for his Vehicle. (/d. 10.) During the warranty period, Plaintiff

CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk VPC

experienced numerous electrical and mechanical problems that impaired the use, value, and safety of the Vehicle. (Id. ¶¶ 11, 16-23.) Plaintiff has presented the Vehicle for service on several occasions, but Defendant has been unable to service or repair the Vehicle to conform with the applicable express and implied warranties. (Id. ¶¶ 25, 31, 39, 45.) On these facts, Plaintiff’s SAC brings five claims for relief for breach of the implied warranty of merchantability and breach of express warranty under the Song-Beverley Consumer Warranty Act, Cal. Civ. Code § 1790 et seq. (Song-Beverly).

II. LEGAL STANDARD

A defendant may remove a civil action from state to federal court so long as jurisdiction originally would lie in federal court. 28 U.S.C. §…