Horace Mann Insurance Company v. Hyundai America Technical Center, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

HORACE MANN INSURANCE Case No. 8:24-cv-02438-SB-JDE COMPANY et al., Plaintiffs,

ORDER GRANTING MOTION TO

v. REMAND [DKT. NO. 27] HYUNDAI MOTOR AMERICA et al., Defendants.

Defendants Hyundai Motor America (HMA) and Kia America, Inc. (KA), both California citizens, removed this case solely based on diversity jurisdiction. Dkt. No. 1. However, the forum-defendant rule provides that “[a] civil action otherwise removable solely on . . . [diversity jurisdiction] may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.” 28 U.S.C. § 1441(b)(2). In their removal notice, Defendants argued that the rule does not bar removal here because they “ha[d] not been served with the complaint.” Dkt. No. 1 at 4. However, Plaintiffs have presented evidence showing that they served HMA and KA the day before removal and now move to remand the case to state court. Dkt. Nos. 27-3, 27-4. The Court finds this matter suitable for decision without oral argument and vacates the January 24, 2025 motion…