Denise Farahmand v. Jaguar Land Rover North America, LLC, et al

Filing 78

ORDER ON FINDINGS OF LAW AND FACT signed by Judge Stephen V. Wilson. (lom)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 11 12 13 14 15 16 17 18 19 CASE NO.: 2:19-cv-02977 SVW-JC ) ) ) Plaintiff, ) ) vs. ) JAGUAR LAND ROVER NORTH ) AMERICA, LLC, a Limited Liability ) Company; and DOES 1 through 100, ) ) inclusive, ) ) Defendants. ) ) DENISE FARAHMAND, District Judge. Stephen V. Wilson Magistrate Judge: Jacqueline Chooljian ORDER ON FINDINGS OF LAW AND FACT Action Filed: Trial: March 14, 2019 September 18, 2019 **Note additions made by Court.** 20 21 Defendant Jaguar Land Rover North America, LLC hereby submits the 22 following Proposed Findings of Law and Fact pursuant to this Court’s September 23 19, 2019 Minute Order Granting Judgment in Favor of Defendants. 24 /// 25 /// 26 /// 27 /// 28 /// 21433279v1 1 2:19-cv-02977 SVW-JC FINDINGS OF FACT 1 2 1. Plaintiff’s husband leased the subject vehicle, a used 2017 Range 3 Rover, VIN SALGR2FK6HA344004, from Jaguar Land Rover Newport Beach on 4 May 7, 2017. 5 2. 6 7 A Jaguar Land Rover North America, LLC (“JLRNA”) New Vehicle Limited Warranty accompanied the lease. 3. Plaintiff’s complaint that the diesel particulate filter in the subject 8 vehicle filled with soot, requiring regeneration of the filter or replacement of the 9 filter, is not a defect or nonconformity. 10 11 12 13 4. By design, the diesel particulate filter requires higher-speed driving to properly regenerate soot accumulated in the filter. 5. JLRNA demonstrated that the diesel particulate filter is able to regenerate accumulated soot. 14 6. 15 driving habits. 16 7. 17 18 All of the concerns Plaintiff complained of were caused by Plaintiff’s The Court found that Plaintiff's assertions that she had driven the subject vehicle in the manner specified in the Owner's Handbook lacked credibility. 8. The Court additionally found the evidence presented regarding the 19 vehicle's trip data that indicated Plaintiff had drive substantial distances while the 20 diesel particulate filter indicated high-speed driving was required to regenerate 21 further discredited Plaintiff's testimony. 22 23 7. particulate filter or associated components covered by the JLRNA warranty. FINDINGS OF LAW 24 25 26 27 28 There are no defects or nonconformities in the subject vehicle’s diesel 1. JLRNA provided a limited express warranty covering defects in manufacturing or workmanship in the 2017 Range Rover. 2. Plaintiff failed to meet her burden to show that the vehicle was not of the same quality as those generally acceptable in the trade. 21433279v1 2 2:19-cv-02977 SVW-JC 3. 1 Plaintiff failed to meet her burden to show that the 2017 Range 2 Rover had a nonconformity covered by the express warranty that substantially 3 impaired the use, value or safety of the 2017 Range Rover. 4 4. 5 which may have been present in the 2017 Range Rover was caused by Plaintiff’s 6 unauthorized or unreasonable use. 7 8 9 10 11 12 13 14 15 16 17 18 19 JLRNA met its burden to show that any substantially impairing nonconformity 5. Plaintiff failed to establish a breach of JLRNA’s obligations under an implied warranty. 6. Plaintiff failed to establish a breach of JLRNA’s obligations under the express warranty. 7. Plaintiff failed to establish a violation by JLRNA of its obligations under the Song-Beverly Act. 8. Plaintiff is not entitled to any damages under her breach of implied warranty cause of action. 9. Plaintiff is not entitled to any damages under her breach of express warranty cause of action. 10. Plaintiff is not entitled to any damages under her cause of action for violation of the Song-Beverly Act. DATED: October 3, 2019 20 By: STEPHEN V. WILSON U.S. DISTRICT JUDGE 21 22 23 24 25 26 27 28 21433279v1 3 2:19-cv-02977 SVW-JC

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