Tony Clark v. Ford Motor Company

Good Law
United States District Court, Central District of CaliforniaJuly 7, 20222:22-cv-03069California1,219 words

Opinion

Trial Court Opinion

I. BACKGROUND

Before the Court is Plaintiffs’ motion to remand this Song-Beverly Consumer Warranty Act case. ECF No. 13. In 2020, Plaintiffs Tony Clark and Pamela Ely purchased a new Ford F-350 and received various warranties from Defendant Ford Motor Company (“Defendant”). Compl. §§ 4, 11, 14, Ex. A to Notice of Removal (“NOR”), ECF No. 1-2. On April 1, 2022, Plaintiffs brought filed a complaint against Defendant in Los Angeles Superior Court asserting breach of various express and implied warranties. Jd. Defendant removed this matter from the Los Angeles Superior Court on May 6, 2022. See NOR, ECF No. 1. Plaintiffs contend this case should be remanded because Defendant has failed to establish the amount in controversy exceeds $75,000. Mot. at 2, ECF No. 13-1. For the below reasons, the motion is GRANTED. Il. DISCUSSION

A. LEGAL STANDARD

To establish removal jurisdiction over a diversity action, the removing defendant must demonstrate that (1) the amount in controversy exceeds $75,000; and (2) the suit is between citizens of different states. See 28 U.S.C. 1446(c). “The amount in controversy includes all relief claimed at the time of removal to which the…

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