Selena Cathers v. Tesla Inc

I. Background:

Plaintiff filed this action on July 3, 2023, in Riverside Superior Court alleging violations of the Song-Beverly Act. [Dkt. 11-1 at 2; Dkt. 1-1 at 4–10]. Plaintiff’s Complaint arises out of her purchase of a used 2021 Tesla Model 3 (the “Model 3”) on October 8, 2022, from Defendant Tesla, Inc. [Dkt. 1-1 at 5]. Defendant alleges Plaintiff paid $68,114.18 for the Model 3. [Dkt. 1 at 4]. In her Complaint, Plaintiff seeks, among other forms of relief, rescission and restitution of the purchase contract, a civil penalty of up to two times her actual damages, and reasonable attorney’s fees and costs. [Dkt. 1-1 at 10]. The Court finds it also relevant to recite this case’s peculiar procedural history. Defendant removed this action not once, but twice. [Dkt. 1 at 2]. Page 1 of 6 CIVIL MINUTES—GENERAL Initials of Deputy Clerk iv Defendant’s first removal of this action occurred on August 7, 2023. [Dkt. 1 at 2]. In its first Notice of Removal, Defendant alleged removal was proper because the Court possessed diversity jurisdiction over the matter. Selena Cathers v. Tesla, Inc. et al., 5:23-cv-01578-SSS-kk, [Dkt. 1 at 3] (C.D. Cal. Aug. 7, 2023). More…