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Collishaw Holdings, LLC v. Winnebago Indus.

United States District Court, N.D. California

November 13, 2014

COLLISHAW HOLDINGS, LLC, et al., Plaintiffs,
v.
WINNEBAGO INDUSTRIES, et al., Defendants

For Collishaw Holdings, LLC, a California limited liability company, Jack Collishaw, Sheila Collishaw, Plaintiffs: Daniel James Nevis, Miller Morton Caillat & Nevis, LLP, San Jose, CA.

For Winnebago Industries, an Iowa corporation, La Mesa R. V. Center, Inc., a California corporation, Defendants, Cross-claimants: William Eric Manning, Van De Poel, Levy, Allen & Arneal, LLP, Walnut Creek, CA.

For Lippert Components, Inc., Defendant, Cross-defendant: Richard Salcido, LEAD ATTORNEY, Hunter, Molloy & Salcido, LLP, Pasadena, CA.

For Daimler Trucks North America, LLC, Freightliner Custom Chassis LLC, Cross-defendants, Cross-claimants: Peter Michael Hart, LeClairRyan LLP, San Francisco, CA.

For Freightliner Custom Chassis LLC, Daimler Trucks North America, LLC, Cross-defendants: Harry Paul Efstratis, Peter Michael Hart, LeClairRyan LLP, San Francisco, CA.

ORDER GRANTING MOTION TO AMEND FIRST AMENDED COMPLAINT Re: Dkt. No. 95

JOSEPH C. SPERO, United States Magistrate Judge.

I. INTRODUCTION

Plaintiffs Collishaw Holdings, LLC, Jack Collishaw, and Sheila Collishaw brought this action under the Magnuson-Moss Warranty Act, 15 U.S.C. § § 2301-12, alleging failure to remedy defects in their Itasca Meridian 24B recreational vehicle (the " RV") pursuant to multiple written warranties. Plaintiffs First Amended Complaint (" FAC, " dkt. 63) named as defendants Winnebago Industries (" Winnebago"), La Mesa R.V. Center, Inc. (" La Mesa"), and Lippert Components, Inc. (" LCI"). Winnebago and La Mesa filed a " cross-claim" (dkt. 66) against LCI, Daimler Trucks North America, LLC (" Daimler"), and Freightliner Custom Chassis, LLC (" Freightliner").[1] Plaintiffs now seek leave to file a Proposed Second Amended Complaint (" PSAC") to add Daimler and Freightliner (collectively, the " Daimler Parties") as direct defendants. The Court finds the matter suitable for resolution without oral argument and vacates the hearing scheduled for November 19, 2014. See Civ. L.R. 7-1(b). The case management conference will take place as scheduled. Because the Daimler Parties have failed to show bad faith, prejudice, or futility of amendment, the Court GRANTS Plaintiffs. Motion.[2]

II. BACKGROUND

A. Factual Allegations[3]

Plaintiffs purchased the RV in 2012 through La Mesa, an authorized dealer for Winnebago. PSAC (dkt. 95-1) ¶ ¶ 17, 21. The RV was manufactured by Winnebago, but LCI and the Daimler Parties manufactured components of the RV. Id. ¶ ¶ 20, 22, 24. Specifically, LCI manufactured the RV's " slide-out room assemblies and leveling jacks" and the Daimler Parties manufactured its " chassis or vehicular portion." Id. ¶ ¶ 22, 24. The RV was sold as " new" and had no prior owners. Id. ¶ 20. Winnebago, LCI, and the Daimler Parties each issued a written warranty as to the RV or its components. Id. ¶ ¶ 20, 23, 25.

Since Plaintiffs purchased the RV, several of the RV's systems have failed, " including the plumbing, heating, cooling, and electrical systems." Id. ¶ 26. Many components of the RV have malfunctioned, " including the kitchen utilities, the passenger seating, jack position indicators, slide-out rooms, bathroom utilities, electrical systems, cruise control, and leveling systems." Id. These failures and malfunctions have required four repair attempts, consisting of forty-seven specific warranty repairs and causing the RV to be in possession of mechanics (and thus not in Plaintiffs' possession) for a total of four months. Id. ¶ ¶ 27-28. Repeated electrical failures have led Plaintiffs to believe the RV is unsafe to operate. Id. ¶ 29.

B. Procedural History and Discovery

Plaintiffs filed their initial Complaint against Winnebago and La Mesa on November 19, 2013. Dkt. 1. Winnebago and La Mesa's Answer, filed February 12, 2014, included third-party claims seeking indemnity from LCI and the Daimler Parties. Dkt. 17. Plaintiffs amended their Complaint on July 21, 2014, to name LCI as an additional defendant. Dkt. 63. Winnebago and La Mesa filed an " Amended Cross-Claim" again seeking indemnity from LCI and the ...


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