Jane A. Marnocha v. General Motors LLC
Opinion
Trial Court Opinion
I. Background
Plaintiff Jane Marnocha purchased a 2019 Chevrolet Bolt from Defendant General Motors on November 9, 2019. Complaint (“Complaint” or “Compl.”) ¶ 7,9 (Dkt. 1-1). A few years later, Plaintiff began experiencing difficulties with the car. Id. ¶ 18, 19. Plaintiff brought this action alleging three violations of the Song-Beverly Act, fraud, and violation of Cal. Bus. & Prof. Code § 17200 in the Superior Court for the County of Orange. See generally Compl.
II. 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
CIVIL MINUTES – GENERAL
Case No. 8:23-CV-01592-DOC-ADSx Date: August 30, 2023
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the United States have original jurisdiction, may be removed . . . to the district court of the United States for the district and division embracing the place where such action is pending.” 28 U.S.C. § 1441. This statute “is strictly…