Russell W. Rutland v. Ford Motor Company
Opinion
Trial Court Opinion
I. Background
Plaintiff Russell W. Rutland filed the instant action in Superior Court of California, County of Orange, on October 28, 2022. Complaint (“Compl.”) (Dkt. 1-2). On November 30, 2022, Defendant Ford Motor Company (“Ford”) removed the action to this Court. Notice of Removal (“Notice”) (Dkt. 1).
This action concerns Plaintiff’s warranty contract with Defendant regarding a 2020 Ford F-250 vehicle (“Vehicle”). Compl. ¶ 8. Plaintiff alleges Ford and Ford’s representatives failed to service or repair the Vehicle and subsequently failed to replace it, in breach of Ford’s obligations under the Song-Beverly Act. Compl. ¶¶ 24–26. Case 5:22-cv-02128-DOC-SP Document Filed 01/24/ Page 2 of Page ID #:107
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No. 5:22-cv-02128-DOC Date: January 24, 2023 Page
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that…