Donald Fagan v. Ford Motor Company
Opinion
Trial Court Opinion
I. Background
Plaintiffs Donald and Joann Fagan (collectively, “Plaintiffs” or the “Fagans”) filed the instant action in Superior Court of California, County of San Bernardino, on November 22, 2023. Mot. at 1; Complaint (“Compl.”) (Dkt. 1-3). On May 5, 2023, 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 2017 Ford F-150 vehicle (“Vehicle”). Compl. ¶ 5, 8. Plaintiff alleges that the Vehicle “was delivered to Plaintiffs with serious defects and nonconformities to warranty.” Notice ¶ 15.
CIVIL MINUTES – GENERAL
Case No. ED CV 23-00888-DOC-SHK Date: June 20, 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 “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed . . . to the…