Bales

INTRODUCTION*

17 In this defective product action, defendant moves to dismiss under Rule 12(b)(6) and 18 19 moves to strike under Rule 12(f). For the following reasons, the motion to dismiss is DENIED 20 and the motion to strike is DENIED IN PART and GRANTED IN PART.

STATEMENT

21 In November 2013, plaintiff James Bales bought his 2013 RAM 1500 pickup truck from 22 a dealer authorized by defendant Fiat Chrysler Automobiles US LLC (FCA). In May 2014, he 23 took it to an FCA authorized repair facility to fix a warning light on the dashboard. In July 24 2015 and January 2016, the pickup truck’s airbag light lit up, so Bales took it back to the repair 25 facility. In August 2017, the airbag light lit up again and the pickup truck appeared to be stuck 26 27 28 * This amended order solely changes the last sentence of the order dated November 20, 2019, from “a Magistrate Judge to be randomly selected” to “Magistrate Judge Kandis A. Westmore.” 1 in fourth gear in “limp mode.” After each visit, Bales reasonably believed that the facility had 2 repaired the issue because the service manager or repair technician stated that his pickup truck 3 was operating normally and safe…