Thuan Pham v. Toyota Motor Sales U.S.A., Inc.
Opinion
trial_court Opinion
I. Background
Plaintiff brought this lawsuit on March 15, 2024, alleging that a car he purchased from Defendant Toyota was inaccurately advertised. Complaint (“Compl.”) (Dkt. 1) ¶¶ 7- 9. Specifically, Plaintiff alleges that, in contrast to its advertising, the Vehicle is not capable of being driven anywhere close to 400 miles on a single tank of hydrogen in
CIVIL MINUTES – GENERAL
Case No. 8:24-CV-00563-DOC-JDE Date: March 19, 2024
Page 2
ordinary use, nor are like models of the Vehicle capable of that, generally. Id. The vehicle that Plaintiff purchased cost $60,264. Id. ¶ 2. In this lawsuit, Plaintiff alleges a violation of California’s Song-Beverley Act and of California’s Consumers Legal Remedies Act. See generally id.
II. II. Legal Standard
Federal courts are courts of limited jurisdiction and are presumptively without jurisdiction over civil actions. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). The burden of establishing the contrary rests upon the party asserting jurisdiction. Id. Because subject matter jurisdiction involves a court's power to hear a case, it can never be forfeited or waived. United States v. Cotton,…