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Gangluff v. Scion

United States District Court, N.D. Ohio, Western Division

July 9, 2019

Sandra Gangluff, Plaintiff
v.
Kasper Toyota Scion, et al., Defendants

          ORDER

          JAMES G. CARR SR. U.S. DISTRICT JUDGE

         This is a consumer case.

         Plaintiff Sandra Gangluff alleges that defendant Kasper Toyota Scion (Kasper) sold her a car at an inflated price and that Kasper has similarly overcharged other customers. She further claims that Kasper and defendants National Warranty Administration Network, LLC and National Automotive Experts, LLC (collectively, National) breached National's lifetime warranty, which Kasper sold with her car.

         Gangluff brings individual and class claims against Kasper under Ohio's consumer protection laws, Ohio Rev. Code. §§ 1345.01, et seq. She raises individual claims against Kasper for fraud and against all defendants for common-law breach of warranty and federal statutory breach of warranty under the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301, et seq.

         Gangluff originally filed her complaint in the Erie County, Ohio Court of Common Pleas. (See Doc. 1-1). Defendants removed the complaint to this court. (See Doc 1).

         Pending is Gangluff's motion to remand. (Doc. 6). For the reasons that follow, I grant the motion.

         Background

         I. Factual Allegations

         On or about April 7, 2014, Gangluff bought a used 2011 Toyota Corolla from Kasper. (Doc. 1-1 at 6, ¶¶ 18, 20, 22). She paid $22, 000, which, she claims, is $4, 825 over the manufacturer's suggested retail price (MSRP) and $8, 400 over the National Automobile Dealers Association's “clean retail value” for a similar vehicle “in clean, good condition.” (Id. at 6, ¶¶ 22-25).

         Gangluff's car came with National's “Warranty Forever!” lifetime warranty. (Doc. 1-1 at 7, ¶¶ 27, 31). She claims that Kasper told her that the car's purchase price included the warranty, but Kasper nonetheless charged her “for what should have been optional features, MVP Direct Maintenance ($662.00) and Gap Insurance ($650.00), which made the warranty anything but free.” (Id. at ¶¶ 27-28).

         Under the warranty, Gangluff was to have her car serviced at Kasper or “a pre-authorized repair facility[.]” (Doc. 1-1 at 7, ¶ 31 (citing warranty website) (internal quotations omitted)). She alleges, however, that Kasper “[o]ften . . . could not provide” her an oil change appointment, “resulting in a delay of service[, ]” and, eventually, the car's transmission failed. (Id. at 7, ¶¶ 34, 36). According to Gangluff, “[d]efendants refused to honor the warranty without justification.” (Id. at 7, ¶ 37).

         Sometime after the transmission failure, “Gangluff was involved in an accident, resulting in a total loss of the” car. (Doc. 1-1 at 8, ¶ 38). But the gap insurance she purchased - which, she submits, should have ensured she bore no costs resulting from the accident - “did not cover the loss[, ]” so she “pa[id] the balance owed[, ]” which was “more than the [car] was worth.” (Id. at 11, ¶ 40).

         On February 5, 2019, Gangluff filed her “class action complaint” in the Erie County, Ohio Court of Common Pleas. (See Doc. 1-1). Defendants removed the case on March 8, 2019. (Doc. 1).

         Standard ...


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