Hastings

Hastings v. Ford Motor Company

Good Law
United States District Court, Southern District of CaliforniaApril 2, 20213:19-cv-02217California2,166 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 DAVID HASTINGS, Case No.: 19-cv-2217-BAS-MDD

Plaintiff, ORDER ON PLAINTIFF'S v. MOTION TO COMPEL

FORD MOTOR COMPANY, et al., [ECF No. 63] Defendants. 14 15 This case involves the purchase by Plaintiff of a 2013 Ford F-350 truck in Texas. Plaintiff alleges that the vehicle contained a defective engine and that Defendants failed to repair the vehicle and refused to re-purchase the vehicle. After considerable litigation, the operative First Amended Complaint alleges a violation of the federal Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 et seq., fraud by omission, and negligent repairs (Sixth Cause of Action), Negligent Repair (Seventh Cause of Action) and Fraud by Omission (Eighth Cause of Action). (ECF No. 24). Plaintiff’s claims under California’s Song-Beverly Consumer Warranty Act, Cal. Civ. Code §§ 1790 et seq., were dismissed without prejudice by Plaintiff (by its terms, the Song- Beverly Act only applies to new…

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