Clenney
Clenney v. FCA US LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MICHAEL CLENNEY, et al., Case No. 22-cv-00547-VC
Plaintiffs,
ORDER DENYING DEFENDANT’S
v. MOTION TO DISMISS
FCA US LLC, Re: Dkt. No. 13 Defendant.
Michael and Norma Clenney allege that they have experienced numerous technical problems relating to a 2013 Dodge Challenger they purchased from FCA in February 2014. They first brought the vehicle to a repair facility when the car had 2,800 miles on it in June 2014. The complaint mentions eight other repair trips between June 2014 and October 2019. But the Clenneys continued to experience issues, even following those nine total repair visits. They allege that the car had transmission, engine, and electrical issues, including problems relating to its Totally Integrated Power Module (TIPM). The Clenneys bring multiple causes of action, including for violations of California’s Song-Beverly Act. Relevant here, the Clenneys bring claims for breach of implied warranty of merchantability, violation of the federal Magnuson-Moss Warranty Act, and fraudulent inducement. FCA moves to dismiss the implied warranty and…