Patricia Gorgonio Rubio et al. v. Nissan North America, Inc. et al.

I. Background

Plaintiffs Patricia Gorgonio Rubio and Jose M. Casillas Baltazar (“Plaintiffs”) asserted causes of action against Defendant Nissan North America, Inc. (“Defendant”) and Does 1-10 under California’s Song-Beverly Act for breach of express warranty, breach of implied warranty, and failure to timely repair regarding Plaintiff’s purchase of a 2023 Nissan vehicle. See generally Complaint (“Compl.”) (Dkt. 1-2).

Plaintiffs originally filed suit in the Superior Court of California, County of Orange, on August 11, 2025. Notice of Removal (“Notice” or “Not.”) (Dkt. 1), at 1. On September 17, 2025, Defendant removed the action to this Court asserting diversity jurisdiction. Id. at 2.

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-02188-DOC-ADS Date: October 8, 2025 Page 2

relevant part that “any civil action brought in a State court of which the district courts of the United States…