Surber

Surber v. Reliance National Indemnity Co.

Good Law
110 F. Supp. 2d 1227·2000 WL 1251910·2000 U.S. Dist. LEXIS 10862
United States District Court, Northern District of CaliforniaJuly 31, 2000C 00-01380 CRBCalifornia3,117 words

Opinion

Opinion

Breyer, J.

MEMORANDUM AND ORDER

On July 10, 2000, this Court issued an Order to Show Cause why this matter should not be remanded for lack of subject matter jurisdiction. Both plaintiff and defendant responded to the Court’s order, and the Court heard oral argument on the matter on January 28, 2000. For the reasons set forth below, the Court concludes that it lacks subject matter jurisdiction over this matter, and that it must therefore remand the case to California Superi- or Court.

BACKGROUND

In November 1998, plaintiff Melissa Sur-ber purchased a 1994 Hyundai Excel for $3,800. On November 19, 1998, plaintiff purchased an automobile insurance policy from Rebanee for a premium of $1,856. That insurance policy is the subject of this litigation.

On September 20, 1999, plaintiff was involved in an automobile accident which damaged her car. She presented a claim to Reliance and submitted the car to Reliance’s agents for a repair estimate and appraisal. Following the appraisal, Reliance concluded that the Hyundai was a “total loss” because the cost of repair would exceed the value of the car. Specifi-caby, Reliance’s appraiser prepared a report explaining that the pre-accident damage to the…

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