Franceen Rosales v. Nissan North America, Inc. et al
Opinion
trial_court Opinion
I. BACKGROUND
On April 18, 2025, Plaintiff filed a Complaint in the Superior Court of California for the County of San Bernardino against Defendant Nissan North American, Inc. (“Defendant” or “Nissan”), and Does 1-20, inclusive. (“Complaint,” Dkt. No. 1-1.) The Complaint alleges two causes of action: (1) breach of the implied warranty of merchantability under the Song-Beverly Act (Song-Beverly), and (2) breach of express warranty under Song-Beverly related to Plaintiff’s Nissan vehicle. (Id.)
On May 28, 2025, Defendant Nissan removed the action to federal court. (“Notice of Removal,” Dkt. No. 1.) On June 24, 2025, Plaintiff filed this Motion for remand. (Mot.) Defendant opposed the Motion on July 7, 2025. (“Opposition,” Dkt. No. 14.) Plaintiff replied in support of the Motion on July 14, 2025. (“Reply,” Dkt. No. 15.) // // //
II. LEGAL STANDARD
Pursuant to 28 U.S.C. § 1441(a), a defendant may remove a matter to federal court where the district court would have original jurisdiction. Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). Federal courts have limited jurisdiction, “possessing only that power authorized by Constitution and statute.” Gunn v.…