Lopez Lugo v. FCA US LLC
Opinion
Trial Court Opinion
I. Background
A. Facts The following facts are drawn from Plaintiff Lopez Lugo’s (“Plaintiff”) Complaint (“Compl.”) (Dkt. 1-1). Plaintiff alleges that Defendant FCA US, LLC (“FCA,” “Defendant FCA” or “Defendant”) violated California’s Lemon Law, the Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790 et seq), and committed Fraud by, among other things, selling a defective vehicle to Plaintiff, failing to repair the Subject Vehicle within a reasonable number of attempts and refusing to provide restitution even though FCA knew that the Vehicle was defective. See Compl. ¶ 1-9.
CIVIL MINUTES – GENERAL
Case No. ED CV 21-01579-DOC-SHK Date: December 7, 2021 Page
B. Procedural History Plaintiff originally filed suit in the Orange County Superior Court, on June 18, 2021. See generally Compl. On September 16, 2021, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (Dkt. 1). On November 5, 2021, Plaintiff motioned to remand the case to state court (Dkt. 13). Defendant filed its opposition on November 22 (“Opp’n”) (Dkt. 16), and Plaintiff replied on November 29 (“Reply”) (Dkt. 18).