Jesus Lopez v. FCA US LLC

I. INTRODUCTION

On July 30, 2019, Jesus Lopez (“Plaintiff”) filed a complaint against FCA US LLC (“Defendant’’) alleging violations of the Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301 et seq.) and the Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790 ef seq.). Plaintiffs allegations arise from a lease of a vehicle from Defendant. On August 30, 2019, Defendant removed the action to this Court on federal question and diversity jurisdiction grounds. Upon review of Defendant’s Notice of Removal, the Court hereby remands the action for lack of subject matter jurisdiction. Il. DISCUSSION A. Federal Question Jurisdiction Pursuant to 28 U.S.C. § 1331, a district court shall have original jurisdiction over any civil action “arising under the Constitution, laws, or treaties of the United States.” A federal question claim brought under the Magnuson-Moss Warranty Act also requires that the amount-in-controversy exceeds “$50,000 (exclusive of interests and costs) computed on the basis of all claims to be determined in this suit.” 15 U.S.C. § 2310(d)(3)(B). After a plaintiff files an action in state court, the defendant attempting to remove the action bears the burden of…