Gabrielle Lawton v. Hyundai Motor America, Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
Lawton filed this action in the Superior Court of the State of California in Orange County on September 15, 2023, against Hyundai. (Dkt. No. 16, Exs. A–F.) However, the Superior Court did not issue a summons to Lawton until September 28, 2023. (Id.) Lawton served Hyundai on September 29, 2023. (Id., Ex. F.) Lawton brought claims for negligence, strict product liability, and breach of implied warranty. (Compl., Dkt. No. 16, Ex. E ¶¶ 47–68.) On September 20, 2023, Hyundai removed the action to federal court under 28 U.S.C. § 1332(a), diversity jurisdiction. (Notice of Removal, Dkt. No. 1.) Hyundai asserted that there is complete diversity of citizenship between Lawton and itself, and the amount in controversy exceeded $75,000. (Id. at 1–2.) In response, Lawton filed this motion to remand the case back to Superior Court, arguing Hyundai’s removal was premature and defective. (Mot. at 7–8.) Hyundai
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. 8:23-cv-01797-JVS (KES) Date November 20, 2023 Title Gabrielle Lawton v. Hyundai Motor America, Inc. et al.
II. LEGAL STANDARD
Under 28 U.S.C. § 1441(a), a defendant may remove…