Anselmo Portillo v. Ford Motor Company

Good Law
United States District Court, Central District of CaliforniaOctober 31, 20222:22-cv-05356California2,050 words

Opinion

Trial Court Opinion

I. BACKGROUND

This dispute arises from the sale of an allegedly defective 2021 Ford Mustang. (Not. of Removal § 28, ECF No. 1.) Plaintiffs initiated this case in state court on June 22, 2022, asserting breach of implied and express warranties under California’s Song-Beverly Consumer Warranty Act. (Ud. § 2.) Defendant removed the case to federal court, asserting diversity jurisdiction. (Ud. §§ 13-35.) Plaintiffs contest removal, arguing that Defendant failed to establish this Court had subject-matter jurisdiction and that the notice of removal was untimely under 28 U.S.C. § 1446(b). (Mot. 6, 10.)

Page 1 of CIVIL MINUTES — GENERAL Initials of Deputy Clerk SMO

Case 2:22-cv-05356-MCS-JDE Document Filed 10/31/ Page 2 of Page ID #:259

II. LEGAL STANDARD

A. Removal Jurisdiction

Federal courts are courts of limited jurisdiction and possess only that jurisdiction which is authorized by the Constitution and federal statute. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Subject to certain exceptions not relevant here, “any civil action brought in a State court of which the district…

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