Janice Mazzi v. BMW of North America LLC
Opinion
Trial Court Opinion
I. Background
A. Facts The following facts are drawn from Plaintiffs’ Complaint (“Compl.”) (Dkt. 1-1). This action concerns Plaintiffs’ lease of a vehicle from Defendant BMW of Concord. Compl. ¶ 5. Plaintiffs allege that the vehicle contained nonconformitys or defects and Defendants were unable to repair the vehicle. Id. ¶¶ 9–10. Plaintiffs bring claims under the Song-Beverly Consumer Warranty Act seeking actual damages, civil penalties, costs and expenses, and prejudgment interest. Id. ¶¶ 11–16. .
CIVIL MINUTES – GENERAL
Case No. SA CV 20-0536-DOC-ADS Date: May 12, 2020 Page
B. Procedural History Plaintiffs originally filed suit in the Superior Court of California, County of Orange. Dkt. 1. Plaintiff filed the instant Motion to Remand (Dkt. 19) on May 11, 2020.1 On April 23, 2020, Defendants filed an Opposition (“Opp’n”) (Dkt. 14).
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that “any civil…