Erie Insurance Company v. Hyundai America Technical Center, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ERIE INSURANCE COMPANY et al., Case No. 8:24-cv-02441-SB-JDE Plaintiffs, v. ORDER GRANTING MOTION TO

REMAND [DKT. NO. 18]

HYUNDAI MOTOR AMERICA et al., Defendants.

Defendants manufacture and sell Hyundai and Kia vehicles, which for years used defective anti-lock brake systems that created a risk of fires, leading to numerous safety recalls and $210 million in federal civil penalties. Plaintiffs, a group of car insurers, filed this subrogation action in state court to recover losses to their insureds resulting from the defects. Defendants removed the case based solely on diversity jurisdiction, and Plaintiffs now move to remand. Because Defendants have not met their burden to show that diversity is complete, the motion is granted. I. A defendant may remove a civil action from state to federal court if jurisdiction originally would lie in federal court. 28 U.S.C. § 1441(a). The removing party bears the burden of proving that removal is proper. Casola v. Dexcom, Inc., 98 F.4th 947, 954 (9th Cir. 2024). If removal is based on diversity 1 Defendants’ reliance on Breuer v. Jim’s…