Panzich

This action to recover damages caused by a minor automobile accident primarily presents jurisdictional problems.

When filed in the Superior Court of the State of California, the Complaint on its face pleaded one cause of action with damages in three categories. It alleged personal injuries to the extent of $25,000, property damage of $251.09 and $50 damages for loss of use of the-wrecked automobile during the reasonably necessary repair period.

Defendant caused removal to this-Court on well pleaded and subsequently proved and admitted grounds of diversity of citizenship. At pre-trial, plaintiff abandoned the personal injury claim. During the trial defendant, for the first time, moved for remand to the Superior-Court upon two grounds: first, that the amount in controversy is less than $3,-000; and second, that an insurance company is the real party in interest, having a right by subrogation for what it. has paid plaintiff upon his deductible-policy of collision insurance. Defendant, states that this is a separate claim from that owned by the plaintiff and it never *416 was a claim for the requisite jurisdictional amount; and, moreover, was at all times a claim owned by the…