Gregory Munck v. Hyundai Motor America
Opinion
Trial Court Opinion
I. Background
Soon after Plaintiff purchased a 2016 Hyundai Tuscon from Defendant, the car began experiencing mechanical problems. Complaint (“Compl.”) (dkt. 1-1) ¶ 6. Plaintiff then sued in Orange County Superior Court, alleging violations of various provisions of California law as well as the Magnuson-Moss Act, a federal law. See generally id.
Defendant removed the case to federal court. See Notice of Removal (“Not.”) (Dkt. 1). Defendant asserts that this Court has federal question jurisdiction over Plaintiff’s Magnuson- Moss claim and supplemental jurisdiction over the state law claims. Id. at 2. The Court disagrees.
CIVIL MINUTES – GENERAL
Case No. 8:23-CV-02440-DOC-JDEx Date: April 23, 2024
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II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c). Removal of a case from state court to federal court is governed by 28 U.S.C. § 1441, which provides in relevant part that “any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed . . . to the district…