Vanella

Vanella v. Ford Motor Company

Good Law
United States District Court, Northern District of CaliforniaFebruary 24, 20203:19-cv-07956California5,535 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARIA VANELLA, Case No. 3:19-cv-07956-WHO

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

FORD MOTOR COMPANY, Re: Dkt. No. 9 Defendant.

12 Plaintiff Maria Vanella, who alleges that her 2013 Ford Escape manifested over 50 defects in the five years before she initiated this action, brings claims under state and federal consumer warranty laws along with a claim for fraud. Defendant Ford Motor Company moves to dismiss, arguing that the claims are barred by the statute of limitations and that they are inadequately pleaded. I agree that the claims are too late. I will grant the motion but allow Vanella the opportunity to amend to support her theories of tolling and to cure insufficiencies in her claims. BACKGROUND On August 21, 2014, Vanella purchased a 2013 Ford Escape, a vehicle manufactured and distributed by Ford. Complaint (“Compl.”) [Dkt. No. 1] ¶ 9. The vehicle was covered by an …

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