Erin Acosta v. Nissan North America, Inc.

I. Introduction and Background

In this case, Plaintiff Erin Acosta brings claims against Defendants Nissan North America, Inc. (“Nissan”) and CTG Auto, LLC doing business as Nissan of Costa Mesa (the Dealership”) related to an allegedly defective car. (See generally Dkt. 1-1 (“Complaint” or “Compl.”).) Nissan removed the case to this court on the basis of diversity jurisdiction, arguing that the Dealership’s California citizenship should be disregarded under the fraudulent joinder doctrine and because Plaintiffs claims against the Dealership should be severed under Federal Rule of Civil Procedure 21. (Dkt. 1 (Notice of Removal, “NOR”) at 8-11.) In the parties’ Joint Report under Federal Rule of Civil Procedure 26(f), addressing subject matter jurisdiction, Plaintiff stated that the court has diversity jurisdiction because “this action is between citizens of different states (Plaintiff is a citizen of California and Nissan is a citizen of Delaware and Michigan),” and did not address the Dealership’s citizenship; Nissan again maintained that the court should disregard the Dealership’s citizenship. (Dkt. 13 (“26(f) Report’) at 3.) On April 15, 2025, the parties filed a…