Sampson
Sampson v. Subaru of America, Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
23 On July 30, 2019, Plaintiffs John Sampson and Leslie Sampson initiated this action 24 by filing a Complaint against Defendant Subaru of America, Inc. (“Subaru”) and Does 1 25 through 10 in the Superior Court for the State of California, County of San Diego. (ECF 26 No. 1-3). Plaintiffs allege that Subaru manufactured or distributed a defective Subaru 27 Outback, failed to repair the vehicle, failed to provide sufficient service literature or parts 28 to repair facilities, breached an express warranty, and breached the implied warranty of merchantability. Plaintiffs bring claims against Subaru for 1) violation of California’s Song-Beverly Consumer Warranty Act, California Civil Code §§ 1790 et seq.; and 2) violation of the Magnuson-Moss Warranty Act (“MMWA”), 15 U.S.C. §§ 2301 et seq. Plaintiffs seek damages, restitution, civil penalties, attorneys’ fees, costs, interest, and other relief as the Court may deem proper. On August 30, 2019, Subaru removed the action to this Court based on federal question jurisdiction over the MMWA claim and supplemental jurisdiction over the state law claims. (ECF No. 1). On September 30, 2019,…