Mark McCarthy v. Ford Motor Company
Opinion
Trial Court Opinion
I. Background
Plaintiff Mark McCarthy sued Defendant Ford Motor Company (“Defendant”) and Does 1-10 for alleged violations of California’s Song-Beverly Act and Business and Professions Code § 17200 connected to a 2019 Ford Fusion Hybrid. See generally Complaint (“Compl.”) (Dkt. 1-2).
Plaintiff originally filed suit in the Superior Court of California, County of Orange, on December 9, 2024, and served Defendant on March 13, 2025. Notice of Removal (“Notice” or “Not.”) (Dkt. 1), at 2. On April 14, 2025, Defendant 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 from state court to federal court is governed by 28 U.S.C. § 1441, which provides in
CIVIL MINUTES – GENERAL
Case No. 8:25-cv-00769-DOC-KES Date: April 18, 2025 Page
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…