Alejandro Chavez v. BMW of North America, LLC

Good Law
United States District Court, Central District of CaliforniaApril 11, 20238:23-cv-00303California1,973 words

Opinion

Trial Court Opinion

I. INTRODUCTION & BACKGROUND

23 On January 9, 2023, Plaintiff Alejandro Chavez filed this action in the Superior 24 Court of California, County of Orange, against Defendant BMW of North America, LLC, 25 and unnamed Does, asserting claims for breach of express and implied warranties under 26 the Song-Beverly Consumer Warranty Act (the “Act”) relating to a used 2016 BMW 27 740LI that he purchased. (See Dkt. 4-2 [Complaint, hereinafter “Compl.”].) Defendant removed the case to this Court, asserting diversity jurisdiction. (See Dkt. 4 [Notice of Removal, hereinafter “NOR”].) Before the Court is Plaintiff’s motion to remand. (See Dkt. 14 [Plaintiff’s Notice of Motion and Motion for Remand to State Court, hereinafter “Mot.”].) For the following reasons, that motion is GRANTED.1 5 II. LEGAL STANDARD 7 “Federal courts are courts of limited jurisdiction,” possessing “only that power authorized by Constitution and statute.” Gunn v. Minton, 568 U.S. 251, 256 (2013) (internal quotations omitted). A defendant may remove to federal district court a civil action brought in state court, but over which a federal court may exercise original 12 …

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