RAMIREZ, et al. vs FCA US, LLC., et al.

Plaintiffs allege as follows:

1. As used in this Complaint, the word "Plaintiffs" shall refer to Plaintiffs CYNTHIA RAMIREZ AND ELIAS RAMIREZ.

2. Plaintiffs are residents of Alameda County, California.

3. As used in this Complaint, the word "Defendant" shall refer to all Defendants named in this Complaint.

4. Defendant FCA US, LLC. ("Defendant" or "FCA") is a corporation organized and in existence under the laws of the State of Delaware and registered with the California Department of Corporations to conduct business in California. At all times relevant herein, FCA was engaged in the business of designing, manufacturing, constructing, assembling, marketing, distributing, and selling automobiles and other motor vehicles and motor vehicle components in Alameda County, California.

5. Defendant FREMONT CHRYSLER DODGE JEEP RAM ("FREMONT") is an unknown business entity organized and in existence under the laws of the State of California. At all times relevant herein, FREMONT was engaged in the business of selling automobiles and automobile components, and servicing and repairing automobiles in Alameda County, California.

6. Plaintiffs are ignorant of the true names and capacities of the Defendants sued under the fictitious names DOES 1 to 10. They are sued pursuant to Code of Civil Procedure section 474. When Plaintiffs become aware of the true names and capacities of the Defendants sued as DOES 1 to 10, Plaintiffs will amend this Complaint to state their true names and capacities.

7. On or about June 5, 2019 , Plaintiffs entered into a warranty contract with Defendant FCA regarding a 2018 Dodge Durango, vehicle identification number 1C4RDJDGXJC (hereafter "Subject Vehicle"), which was manufactured and or distributed by Defendant FCA.

8. The warranty contract contained various warranties, including but not limited to the bumper-bumper warranty, powertrain warranty, emission warranty, etc. A true and correct copy of the warranty contract is attached hereto as Exhibit A. The terms of the express warranty are described in Exhibit A and are incorporated herein. In addition, to these warranties, Defendant FCA also provided Plaintiffs with a California Emission Warranty, which Plaintiffs request Defendant FCA produce as part of its discovery obligations in this case.¹

9. Pursuant to the Song-Beverly Consumer Warranty Act (the "Act") Civil Code sections 1790 , et seq., the Subject Vehicle constitutes "consumer goods" used primarily for family or household purposes, and Plaintiffs have used the vehicle primarily for those purposes. Plaintiffs are "buyers" of consumer goods under the Act. Defendant FCA is a "manufacturer" and/or "distributor" under the Act.

10. Plaintiffs justifiably revoke acceptance of the Subject Vehicle under Civil Code, section 1794 , et seq., by filing this Complaint and/or did so prior to filing the instant Complaint.

11. These causes of action arise out of the warranty obligations of FCA in connection with a motor vehicle for which FCA issued a written warranty.

12. Defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to, engine defects, electrical defects; among other defects and non-conformities.

13. Said defects/nonconformities substantially impair the use, value, or safety of the Vehicle.

14. The value of the Vehicle is worthless and/or de minimis.

15. Plaintiffs purchased the Subject Vehicle as manufactured with FCA's defective engine.

16. Plaintiffs are informed, believe, and thereon alleges that FCA knew since prior to Plaintiffs purchasing the Subject Vehicle, that the 2018 Dodge Durango vehicles equipped