Healy
Healy v. FCA US LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 KYLE HEALY, et al., Case No. 20-cv-01802-JD
Plaintiffs,
ORDER RE REMAND
v. 8 Re: Dkt. No. 10 FCA US LLC, et al., Defendants.
11 Plaintiffs Kyle and Michael Healy originally filed this lawsuit in the California Superior Court for the County of Santa Clara. They allege that they bought a defective car manufactured and sold by defendants FCA US LLC and Seaside Chrysler Dodge Jeep RAM (“Seaside”), and state a single claim for breach of the implied warranty of merchantability under the Song-Beverly Consumer Warranty Act, Cal. Civil Code § 1790 et seq. Dkt. No. 1-4. FCA removed the action to this Court on diversity grounds. Dkt. No. 1. Plaintiffs have asked for the case to be remanded to state court because they and Seaside are citizens of California -- plaintiffs live in San Jose, California, and Seaside sells cars in Monterey, California. Dkt. No. 10. Defendants say that Seaside should be disregarded for diversity purposes on fraudulent joinder grounds, or as a matter …