Jones

Jones v. FCA US, LLC

Good Law
United States District Court, Southern District of CaliforniaMarch 1, 20233:22-cv-01342California688 words

Opinion

Trial Court Opinion

I. BACKGROUND

24 On September 7, 2022, Jones filed a Complaint against Defendants FCA US, LCC 25 and Dipito, LLC for breach of implied warranty of merchantability, breach of implied 26 warranty of fitness, and related causes of action. ECF No. 1 at 5–15. FCA and Dipito 27 answered the Complaint at the end of September and October, respectively. ECF Nos. 3 & 5. Roughly four months after FCA filed its answer, Jones moved for leave to file a first amended complaint. ECF No. 10. Jones moves to add two causes of action to the Complaint: a claim for breach of warranty against Dipito and a claim for breach of contract against FCA. ECF No. 10-2 at 14–15. Defendants did not consent to the motion. ECF No. 10 at 2 & n.1. The Court set a briefing schedule, ECF No. 11, but neither Defendant FCA US, LLC nor Defendant Dipito, LLC filed an opposition. II. LEGAL STANDARD AND DISCUSSION Federal Rule of Civil Procedure 15(a) instructs that “[t]he court should freely give leave [to amend the complaint] when justice so required.” Granting leave to amend rests on the sound discretion of the trial court. Int’l Ass’n of Machinists & Aerospace Workers…

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