Carlos F. Miranda v. Ford Motor Company

I. Factual and Procedural Background

On December 4, 2019, Plaintiffs filed a Complaint against Defendants in Los Angeles Superior Court, alleging causes of action for: (1) violation of California Civil Code § 1793.2(d); (2) violation of California Civil Code § 1793.2(b); (3) violation of California Civil Code § 1793.2(a)(3); (4) breach of express written warranty pursuant to California Civil Code §§ 1791.2(a) and 1794; (5) breach of the implied warranty of merchantability pursuant to California Civil Code §§ 1791.1, 1794, and 1795.5; and (6) negligent repair.1 In their Complaint, Plaintiffs allege that they bought a 2010 Ford Flex and that during the warranty period the vehicle developed defects, including but not limited to defects to the brakes, the transmission, and the powertrain control module. On January 8, 2020, Defendants filed a Notice of Removal, alleging that this Court has 1 The first through fifth causes of action are alleged against Ford only. The sixth cause of action is alleged against Galpin only. jurisdiction pursuant to 28 U.S.C. § 1332(a).

II. Legal Standard

A motion to remand is the proper procedure for challenging removal. See N. Cal. Dist. Council…