Millican
Millican v. Ford Motor Company
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).