Philip Zwerling v. Ford Motor Company, Keller Ford Lincoln, and Does 1 through 10, inclusive
Published: Aug. 2, 2024 | Result Date: Jan. 2, 2024 | Filing Date: Jun. 21, 2019 |Case number: 5:19-cv-03622-EJD Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Christopher J. Campbell
(Strategic Legal Practices APC)
Tionna G. Carvalho
(Strategic Legal Practices APC)
Elizabeth A. LaRocque
(Strategic Legal Practices APC)
Payam Shahian
(Strategic Legal Practices APC)
Rabiya F. Tirmizi
(Strategic Legal Practices APC)
Nadine Alsaadi
(Cohen Business Law Group)
Dara Tabesh
(EcoTech Law Group, PC)
Michael L. Tracy
(Law Offices of Michael L. Tracy)
Defendant
Hailey M. Rogerson
(Gordon & Rees LLP)
Spencer P. Hugret
(Gordon & Rees LLP)
Elizabeth V. McNulty
(Evans, Fears & Schuttert LLP)
Stephen H. Dye
(Mortenson, Taggart & Adams LLP)
Charles F. Harlow
(Mortenson, Taggart & Adams LLP)
Facts
On October 26, 2013, Philip Zwerling purchased an F-350 Super Duty SRW diesel-engine vehicle manufactured by Ford Motor Company. On May 6, 2019, Zwerling sued Ford Motor in Santa Clara Superior for, among others, breaches of warranty. Defendant later removed the case to federal court.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff asserted that the vehicle's engine or exhaust system was defective. Between 2013 and 2022, he had 15 visits to the repair facility. He then contacted defendant in January 2019 for a buy back of the vehicle but defendant refused.
DEFENDANT'S CONTENTIONS: Defendant contended that it did reimburse plaintiff for repairs covered under warranty. That not all his visits pertained to purported defects but rather were for service. Finally, plaintiff failed to provide specifics as to certain claims but rather generally provided information not pertinent to the case.
Result
Defendant's motion to dismiss was granted.
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