Taylor Briest v. Nissan North America Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

TAYLOR BRIEST, 2:23-cv-7688-DSF-SSCx Plaintiff, Order GRANTING Motion to v. Remand (Dkt. 19)

NISSAN NORTH AMERICA,

INC.,

Defendant.

This case was removed from state court on September 14, 2023, on the basis of diversity. On September 30, 2023, Plaintiff filed a First Amended Complaint that added a non-diverse defendant to the case. Defendant Nissan North America, Inc. now moves to strike the FAC and Plaintiff moves to remand the case. The Court deems this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15. The hearing set for November 13, 2023, is removed from the Court’s calendar. Even assuming that the motion to strike the FAC naming the non-diverse defendant should be granted, Nissan has failed to establish diversity jurisdiction based on the complaint at the time of removal. “The removal statute is strictly construed against removal jurisdiction” and, when challenged, “[t]he defendant bears the burden of establishing that removal is proper.” Provincial Gov’t of Marinduque v. Placer Dome, Inc., 582 F.3d 1083, 1087 (9th Cir. 2009). If a…