Zwerling

I. BACKGROUND

1 A. Factual History 2 This is the third time that the Court has considered Zwerling’s pleadings. See Prior Order; 3 Order Granting J. on the Pleadings. In the interest of brevity, the Court will not reiterate all the 4 facts previously summarized in its prior orders. 5 On October 26, 2013, Zwerling purchased an F-350 Super Duty SRW diesel-engine 6 vehicle (“Subject Vehicle”) manufactured by Ford and alleges that the Subject Vehicle contained 7 one or more defects in its diesel engine or exhaust system (the “Exhaust System Defect”). TAC 8 ¶¶ 5–7. The Exhaust System Defect purportedly caused the Subject Vehicle’s exhaust system to 9 clog and led to reduced engine performance or loss of engine power. Id. ¶ 25. Before Zwerling 10 purchased the Subject Vehicle, he reviewed marketing and promotional materials from Ford, 11 which failed to disclose the Exhaust System Defect. Id. ¶ 9. According to Zwerling, he would not 12 have purchased his F-350 if Ford had disclosed the Exhaust System Defect. Id. ¶¶ 7, 9, 13. 13 Zwerling alleged facts showing a long repair history. Id. ¶¶ 35–50. The allegations 14 regarding that history have largely not changed. Compare…