PETER VOGEL, ET AL. VS FCA US, LLC, ET AL.

Case No.: 19STCV35024    

[TENTATIVE] ORDER RE: DEMURRER AND MOTION TO STRIKE

On October 1, 2019, Plaintiffs Peter Vogel and Michelle Vogel (collectively, “Plaintiffs”) filed this action against FCA US, LLC (“FCA”) and Nissani Bros Chrysler Dodge Jeep Ram (“Nissani”) arising from Plaintiffs’ purchase of a defective vehicle. On March 6, 2020, the Court sustained a demurrer with leave to amend.

Plaintiffs filed a first amended complaint (“FAC”) on March 26, 2020. The FAC alleges seven causes of action: (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; (6) fraudulent inducement and concealment; and (7) negligent repair. The first through sixth causes of action are asserted against FCA, and the seventh cause of action is asserted against Nissani. On April........