Millican

Millican v. Ford Motor Company

Good Law
United States District Court, Northern District of CaliforniaDecember 20, 20193:19-cv-05348California913 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

NOEL MILLICAN, et al., Plaintiffs, No. C 19-05348 WHA

v.

FORD MOTOR COMPANY, et al., ORDER REMANDING CASE Defendants.

15 INTRODUCTION This is an automobile “Lemon Law” case. Defendants removed; plaintiffs seek remand. The crux is whether an in-state defendant was fraudulently joined. Finding possible recovery against the in-state defendant, the motion to remand is GRANTED. STATEMENT Plaintiffs purchased a Ford Fusion in June of 2013. Ford warranted against defect and committed to repair should a defect occur. During the warranty period, a defect developed. Plaintiffs took the vehicle to Penske Ford for repair, but the attempts were unsuccessful. Ford declined to promptly replace the vehicle or pay restitution (Dkt. No. 16-2 at 3–4), and plaintiffs sued Ford under, among others, California’s “Lemon Law” and Penske Ford for negligent repair (Dkt. No. 1-2 at ¶¶ 12–55).

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