Emanuel Andrade v. FCA US LLC

I. INTRODUCTION

On September 19, 2019 Emanuel Andrade (‘‘Plaintiff”’) filed a Complaint against FCA US LLC (“Defendant”) at the Los Angeles County Superior Court alleging violations of the Song-Beverley Consumer Warranty Act. On October 22, 2019, Defendant filed an answer to the Complaint. On October 23,2019, Defendant removed the action to federal court, alleging jurisdiction on the grounds of diversity of citizenship. Upon review of Defendant’s Notice of Removal, the Court hereby remands the action for lack of subject matter jurisdiction. Pursuant to 28 U.S.C. § 1332, district courts shall have original jurisdiction over any civil action in which the parties are citizens of different states and the action involved an amount in controversy that exceeds $75,000. After a plaintiff files a case in state court, the defendant attempting to remove the case to federal court bears the burden of proving the amount in controversy requirement has been met. Lowdermilk v. United States Bank Nat’l Ass’n, 479 F.3d 994, 998 (9th Cir. 2007). If the complaint does not allege that the amount in controversy has been met, the removing defendant must plausibly allege in its notice of removal…