Hyok Byom Kwon v. Mercedes-Benz USA, LLC
Opinion
Trial Court Opinion
I. Background
Plaintiffs sued Defendants in Orange County Superior Court for alleged violations of California’s Song-Beverly Act connected to their purchase of a Mercedes-Benz vehicle. See generally Complaint (“Compl.”) (Dkt. 1-2).
Plaintiffs originally filed suit in the Superior Court of California, County of Orange, on May 10, 2024. See Notice of Removal (“Notice”) (Dkt. 1), at 2. On September 18, 2024, Defendant Mercedez-Benz USA removed the action to this Court, asserting diversity jurisdiction. Id.
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
CIVIL MINUTES – GENERAL
Case No. 8:24-cv-02023-DOC-KES Date: November 22, 2024 Page
from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed . . . to the district court of the United States for the district and division embracing the place where such action is pending.” 28 U.S.C. §…