Morgan Kornfeind v. Kia America, Inc.

I. BACKGROUND

Kornfeind filed this action in the Superior Court of the State of California in Orange County on September 1, 2023. (Dkt. No. 1-1, Ex. 1.) Kia removed the case to federal court on October 20, 2023, under 28 U.S.C. § 1332(a), diversity jurisdiction. (Dkt. No. 1.) Kia asserted that there is complete diversity of citizenship between Kornfeind and itself and the amount in controversy exceeds $75,000. (Id.) Kia further argued that 28 U.S.C. § 1441(b)(2) — commonly referred to as the “forum defendant rule” — is inapplicable because of the notice of removal occurred before it was “properly joined and served” as required by the statute. (Id.) In response, Kornfeind filed this motion to remand the case back to Superior Court because removal based on diversity grounds was improper under 28 U.S.C. § 1441(b)(2).

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. 8:23-cv-01796-JVS(KESx) Date December 6, 2023 Title Morgan Kornfeind v. Kia America, Inc. et al

II. LEGAL STANDARD

Under 28 U.S.C. § 1441(a), a defendant may remove a civil action from state court to federal court so long as original jurisdiction would lie in the court to which…