Andrew Canino v. FCA US LLC
Opinion
Trial Court Opinion
I. Background
Plaintiff Andrew Canino filed the instant action in Superior Court of California, County of Orange, on June 9, 2023. Complaint (“Compl.”) (Dkt. 1-1). On July 19, 2023, Defendant FCA US, LLC (“FCA”) removed the action to this Court. Notice of Removal (“Notice”) (Dkt. 1).
This action concerns Plaintiff’s warranty contract with Defendant regarding a 2021 Jeep Wrangler vehicle (the “Vehicle”). Compl. ¶ 8. Plaintiff alleges FCA and FCA’s representatives failed to service or repair the Vehicle and subsequently failed to replace it, in breach of Nissan’s obligations under the Song-Beverly Act. Compl. ¶¶ 11– 14.
CIVIL MINUTES – GENERAL
Case No. 8:23-cv-01292-DOC-ADS Date: July 21, 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 district…