Esperanza Hernandez v. FCA US LLC

Good Law
United States District Court, Central District of CaliforniaFebruary 13, 20255:24-cv-02501California1,417 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ESPERANZA HERNANDEZ, Case No. 5:24-cv-02501-SB-SHK Plaintiff, v. ORDER GRANTING

PLAINTIFF’S MOTION TO

FCA US, LLC, REMAND [DKT. NO. 15]

Defendant. Plaintiff Esperanza Hernandez filed this lemon-law case in the Riverside County Superior Court after she purchased an allegedly defective 2019 Jeep Cherokee. Defendant FCA US, LLC removed the case, asserting diversity jurisdiction. Plaintiff moves to remand, arguing that Defendant has failed to establish that the amount in controversy exceeds $75,000. The Court finds this matter suitable for decision without oral argument. Fed. R. Civ. P. 78; L.R. 7-15. Defendant bears the burden of proving that removal was proper. Abrego Abrego v. The Dow Chemical Co., 443 F.3d 676, 684 (9th Cir. 2006). There is a “strong presumption” against removal jurisdiction,” and “[f]ederal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance.” Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). Where the amount in controversy is uncertain on the face of the complaint and…

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