Ortiz v. General Motors, LLC

I. BACKGROUND

This is a case brought under the Song-Beverly Consumer Warranty Act (“SBA”). According to the complaint, Plaintiff purchased a 2022 GMC Sierra (“Vehicle”) suffering from engine and transmission defects, which Defendant has failed to remedy. (Compl. ¶¶ 6, 9, 12–15, ECF No. 1-1.) The complaint seeks actual damages, restitution, civil penalties, consequential and incidental damages, attorney’s fees and costs of suit, prejudgment interest, and any other relief deemed proper. (See id., Prayer for Relief.)

Plaintiff initiated this proceeding in the Los Angeles County Superior Court, No. 25STCV10546. Asserting diversity jurisdiction, Defendant removed the case to this Court. (Notice of Removal, ECF No. 1.)

II. LEGAL STANDARD

Federal courts are of limited jurisdiction, having subject-matter jurisdiction only over matters authorized by the Constitution and Congress. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). A defendant may remove a civil action in state court to federal court if the federal court has original jurisdiction. 28 U.S.C. § 1441(a). There is a “strong presumption” against removal…