Ashot Hayrapetyan v. BMW Financial Services NA, LLC
Opinion
Trial Court Opinion
DISCUSSION
Plaintiff leased a BMW vehicle financed by Defendant. The vehicle was declared a total loss, and the entire insurance recovery was paid to Defendant. Plaintiff is suing Defendant to recover his “equity” in the vehicle, about $25,864. Plaintiffs Complaint expressly sought “$259,265.23 in damages,” consisting of the equity and punitive damages, plus attorneys’ fees provided by statute. See Compl. Prayer { h, 1, }. Defendant removed based on diversity jurisdiction.
CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk DTA
Plaintiff now moves for remand. He argues that since he filed the Complaint, he has determined that the facts do not support his fraud claim and demand for punitive damages, and in a separate request, he asks the Court to dismiss and strike them. If that occurs, then the amount of his potential recovery would not exceed the amount in controversy.
In light of Plaintiff’s admission that neither his fraud claim nor his prayer for punitive damages is viable, concurrently with this Order, the Court will grant his request to dismiss the fraud claim and strike the prayer for punitive damages.