White

White v. FCA US LLC

Good Law
United States District Court, Northern District of CaliforniaAugust 16, 20225:22-cv-00954California5,347 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 MICHELLE J. WHITE, Case No. 22-cv-00954-BLF

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT'S

MOTION TO DISMISS

FCA US LLC, [Re: ECF No. 18] Defendant.

12 Plaintiff Michelle White brings this action against Defendant FCA US LLC (“Defendant”) arising out of an allegedly defective transmission in her 2016 Jeep Cherokee (“Vehicle”). Plaintiff asserts three violations of the Song-Beverly Act (First, Second, and Third Claims), two claims of fraudulent inducement (Fourth and Fifth Claims), and one claim for fraud in the performance (Sixth Claim). First Amended Complaint (“FAC”) ¶¶ 214-320, ECF No. 13. Defendant has moved to dismiss Plaintiff’s three fraud claims and to strike her request for punitive damages. ECF No. 18-1 (“Motion”). For the reasons set forth below, the Court DENIES IN PART and GRANTS IN PART Defendant’s Motion with LEAVE TO AMEND. …

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