Ethan R. Smith v. Aston Martin Lagonda of North America, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ETHAN R SMITH, Case No. 2:25-cv-07838-SB-AJR Plaintiff, v. ORDER GRANTING MOTION TO

REMAND [DKT. NO. 18] AND

ASTON MARTIN LAGONDA OF DENYING REQUEST FOR

NORTH AMERICA, INC., ATTORNEY’S FEES

Defendant.

Defendant Aston Martin Lagonda of North America, Inc. removed this lemon law case, invoking diversity jurisdiction. Plaintiff Ethan Smith moves to remand. Dkt. No. 18. The Court finds this matter suitable for decision without oral argument and vacates the October 17 motion hearing. Fed. R. Civ. P. 78; L.R. 7-15. The motion is granted. Federal courts are presumed to lack jurisdiction, and a removing defendant bears the burden of establishing that removal is proper. Lake v. Ohana Mil. Communities, LLC, 14 F.4th 993, 1000 (9th Cir. 2021). “Federal 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). Defendant’s contention that the amount in controversy exceeds $75,000 depends on its assertion that Plaintiff’s actual damages are $33,128.67—the…