Smith v. Ford Motor Company

I. BACKGROUND

27 The Starcks, citizens of California, purchased a 2013 Ford Edge in 2012 from Defendant Worthington Ford. Starcks First Amended Compl. (“Starcks FAC”) (dkt. 13) ¶ 7. The Starcks received a three-year/36,000-mile express warranty. Id. ¶ 8. The Starcks allege that within the warranty period the vehicle developed several electrical and mechanical defects that substantially impaired use of the vehicle and required repair. Id. ¶ 9. Starting in 2013, the Starcks brought the vehicle in for repair to a Ford authorized repair facility. Id. ¶ 21. Subsequently, the Starcks brought the vehicle in yearly for repair until the filing of this action for issues such as the car “shuddering on acceleration,” “shifting hard between gears,” and “jerking on take off and down shifting hard.” Id. ¶¶ 19–27. During this period of frequent malfunction, the Starcks allege that the repair center did not explain the issues with the car or detail the repairs made. Id. ¶¶ 21–27. Further, on several occasions the repair center allegedly represented that there was no issue with the transmission, that they had been able to repair…