Do Kyeong Kim v. BMW Financial Services NA, LLC
Opinion
Trial Court Opinion
I. Background
Plaintiff initiated this lawsuit on April 19, 2024, in California state court, alleging fraud, contract, and California consumer protection claims arising out of his lease of a 2022 BMW X5 against Defendant BMW Financial Services NA, LLC (“Defendant”) and now-dismissed party McKenna Motors Torrance, Inc. (ECF No. 1-1 at 3-4, 16-38; ECF No. 1-5). On June 26, 2024, Defendant removed the action to this Court. (ECF No. 1). Plaintiff filed the instant Motion seeking to remand this action to state court on July 26, 2024. (Mot.). Defendant timely opposed, (ECF No. 20 (“Opposition”)), and Plaintiff timely replied, (ECF No. (“Reply”)). Il. Legal Standard A civil action brought in state court may be removed by a defendant to the district court if, at the time of removal, the case is one over which the district court has original jurisdiction. U.S.C. § 1441(a). Included in federal courts’ limited original jurisdiction are civil actions arising between “citizens of a State and citizens or subjects of a foreign state” where the amount in controversy “exceeds the sum or value of $75,000.” 28 U.S.C. § 1332(a). Diversity…