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UNITED STATED COURT

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CENTRAL DISTRICT OF CALIFORNIA

10 11 MANUEL GARDEA, an Individual, ) CASE NO. 5:24-cv-01622-JGP-SP ) [San Bernardino Superior Court CaseNo. 12 Plaintiffs, ) CIVSB 2414171] 13 ) v. ) Assignedto Hon. Jesus G. Bernal 14 ) 15 TIMOTHY FOOKKEUNG LOW, ASHLEY ) PACIFIC NORTHWEST, LLC, andDOES 1 ) ORDER ON PARTIES’ STIPULATION 16 TO 50, Inclusive. ) TO CAP PLAINTIFF’S JUDGMENT, 17 ) AWARD, OR RECOVERY AT Defendants. ) $74,999.99 AND TO REMAND THE 18 ) MATTER TO STATE COURT 19 ) ) 20 Complaint Filed: August 4, 2024 ) 21 22 The Court, having read and considered the Parties’ Stipulation to CAP Plaintiff’s 23 Judgment, Award, or Recovery and to Remand, herby ORDERS as follows: 24 I.BACKGROUND 25 On or about April 23, 2024, Plaintiff, MANUEL GARDEA (hereinafter“Plaintiff”) 26 commenced the above-entitled civil action in the Superior Court for the County of San 27 Bernardino by filing a Complaint therein entitled Manuel Gardea V. Timothy Fookkeung Low, 28 et al., Case No. CIVSB 2414171. Plaintiff’s Complaint for personal injury arises from an auto 1 accident on May 6, 2022, with defendant Timothy Fookkeung Low employed by Ashley Pacific 2 Northwest LLC. 3 On or about July 1, 2024, Plaintiff, by and through his attorney of record, served 4 Statement of Damages, setting forth damages in excess of $75,000.00. Based on this, defendants, 5 Timothy Fookkeung Low and Ashley Pacific Northwest LLC determined that the amount in the 6 controversy exceed the $75,000.00 statutory minimum. Accordingly, defendants, Timothy 7 Fookkeung Low and Ashley Pacific Northwest LLC removed the matter to federal court 8 pursuant to 28 U.S.C §§1332, 1441, and 1367, on August 4, 2024. 9 The Parties have now agreed and stipulated to limit any and all recovery of damages by 10 Plaintiff to a maximum of $74,999.99, exclusive of interest or costs, as evidenced by Stipulation 11 to Cap Plaintiff’s Judgment, Award, or Recovery and To Remand, executed by Plaintiff and 12 Defendant by and through their attorneys of record and by Plaintiff individually. Accordingly, 13 the parties request an order from this Court remanding the case to the San Bernardino Superior 14 Court, Case No. CIVSB 2414171. 15 II.ANALYSIS 16 United Stated Code, Title 28, Section 144(c), provides that “[I]f at any time before final 17 judgment it appears that the district court lacks subject matter jurisdiction, the case shall be 18 remanded.” In light of the parties’ stipulation limiting any and all recovery by Plaintiff to a 19 maximum of $74,999.99 , exclusive of interest or costs, this Court lacks subject matter 20 jurisdiction and must, therefore, remand the case to state court pursuant to 28 U.S.C. § 1447(c). 21 See Bruns v. NCUA 122 F.3d 1251,1257 (9th Cit. 1997) (“Section 1447 (c) is mandatory, not 22 discretionary.”) 23 III. ORDER OF THE COURT 24 1. Plaintiff’s total recovery, if any, from defendants, Timothy Fookkeung Low and 25 Ashley Pacific Northwest LLC, and /or its agents employees, parents, subsidiaries, or affiliated 26 and related business entities, for any injuries, damages, harms, or losses resulting from the auto 27 accident that occurred May 6, 2022 , and which are the subject of the within action (including 28 formerly San Bernardino Superior Court Case No. CIVSB 2414171) (the Litigation), including 1 || but not limited to economic and non- economic damages, herby capped at $74,999.99, exclusive 2 || of interest and costs. 3 2. judgment or award, enter in Plaintiff's favor and against defendants Timothy 4 || Fookkeung Low and Ashley Pacific Northwest LLC, and/or its agents, employees, parents, 5 || subsidiaries, or affiliated and related business entities, in the Litigation should exceed 6 || $74,999.99, exclusive of interest and costs, Plaintiff has knowingly and voluntarily waived the 7 || right to claim that portion of her final judgment or award which exceeds $74,999.99, exclusive of 8 || interest and costs. 9 3. Should any judgment or award, exclusive of interest and costs, be entered in his favor 10 || and against defendants, Timothy Fookkeung Low and Ashley Pacific Northwest LLC, and/or its 11 || agents, employees, parents subsidiaries, or affiliated and related business entities, in the 12 || Litigation in excess of $74,999.99, Plaintiff shall execute any necessary documents to reduce any 13 || such award or judgment to $74,999.99 and is barred from executing on any amount of the award 14 || or judgment in excess of $74,999.99, exclusive of interests and cost. 15 4. Pursuant to the parties’ Stipulation, because this matter no longer exceeds 75,000.00, 16 || this Court no longer has subject matter jurisdiction, and the matter is herby REMANDED to the 17 || Superior Court for the State of California, County of San Bernardino, Case No. CIVSB 18 || 2414171. All other terms of this Order shall be given full force and effect in any further tate 19 |) court proceeding. 20 5. Any and all Pending dates in the Federal action are hereby VACATED. 21 22 || IT ISSO ORDERED. 1 gy 23 ||Dated: September 13. 2024 _ er Hon, J}sus G. Bernal — — 24 Unifed States District Court Judge 25 26 27 28

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