Hernandez
Hernandez v. FCA US LLC
Opinion
Trial Court Opinion
I. BACKGROUND
26 Kathryn Hernandez and Rick Torres Hernandez (“Plaintiffs”) are residents of Chula 27 Vista, California. (Compl. (doc. no. 1-3) ¶ 1). At the relevant time, Defendant FCA US 28 LLC (“FCA”) was the manufacturer of the vehicle at issue in this litigation. It conducts business through Mossy Alfa Romeo and Fiat in National City, California (“Mossy”). (Compl. ¶ 2). Defendant Stericycle Inc. (“Stericycle”) is FCA’s agent. (Compl. ¶ 3). It has the ability to repurchase vehicles and review repair orders and warranty histories on FCA’s behalf. (Compl. ¶ 28). On September 26, 2017, Plaintiffs purchased a new 2017 Alfa Romeo Giulia (“Subject Vehicle” or “Vehicle”) from FCA through Mossy. (Compl. ¶¶ 2, 6). In addition to an implied warranty of merchantability, FCA provided two express warranties for this Vehicle: (1) an express basic warranty of years/36,000 miles; and (2) an express powertrain warranty of 5 years/100,000 miles. (Compl. ¶ 7). The warranties require FCA to preserve or maintain the utility or performance of the Vehicle or provide compensation if there is a failure to conform to the…