Jose J. Mireles v. General Motors LLC

I. BACKGROUND

25 This case arises out of Mireles’ purchase of a 2019 Chevrolet Bolt. [Dkt. 26 1-1 at 4]. Mireles claims he brought the Bolt new and that, after purchase, the 27 Bolt began to exhibit “defects, non-conformities, … , [and] malfunctions” in violation of GM’s express and implied warranties. Id. at 5 and 10. Mireles filed this action on July 27, 2023, asserting three causes of action under the Song- Beverly Act, one for fraud, and one for violation of California’s Business & Professions Code § 17200. [Dkt. 1 at 2]. GM removed this action to this Court on August 23, 2023. [Dkt. 1]. Importantly, the suggested retail price for a 2019 Chevrolet Bolt is $38,639. Id. at 4. In his Complaint, Mireles seeks a variety of remedies including “rescission of the purchase contract,” a “civil penalty in the amount of two times Plaintiff’s actual, incidental, and consequential damages,” and “for restitution of all monies expended.” [Dkt. 1-1 at 20]. II. STATEMENT OF LAW Federal courts are courts of limited jurisdiction. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Thus, federal courts can only…