Donahue v. Bill Page Toyota, Inc.

MEMORANDUM OPINION

ELLIS, District Judge.

This warranty and fraud action grows out of the sale of a used car. Specifically, when plaintiff learned that the malfunctioning used Honda he had purchased from defendant Bill Page Toyota, Inc. (“Page Toyota”) had previously been sold for salvage as flood damaged, he brought this federal action, alleging a claim under the Magnuson-Moss Warranty — Federal Trade Commission Improvement Act 1 (“MMWA”) and several pendent state claims. Defendants’ threshold dismissal motion presents the question — unresolved in this circuit- — -whether the MMWA’s $50,000…