Dun Xie v. FCA US LLC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DUN XIE, et al., CV 20-2060 DSF (PVCx) Plaintiffs, Order REMANDING Case to v. State Court1

FCA US, LLC, et al., Defendants.

This case was removed on the basis of diversity. It is undisputed that one of the Defendants, Hanlees Chrysler Dodge Jeep Ram Kia (“Hanlees”),2 is not diverse from Plaintiff. Removing Defendant FCA US, LLC argues that Hanlees is fraudulently joined. A defendant who is a resident of the forum state is fraudulently joined “‘if the plaintiff fails to state a cause of action against [the] resident defendant, and the failure is obvious according to the settled rules of the state.’” Morris v. Princess Cruises, Inc., 236 F.3d 1061, 1067 (9th Cir. 2001) (quoting McCabe v. Gen. Foods Corp., 811 F.2d 1336, 1339 (9th Cir. 1987)). “[T]he test for fraudulent joinder and for

1 The Court is aware that a motion to remand has been filed. This remand is sua sponte; the Court has not reviewed the motion to remand and does not rely on it in any way. The Court has remanded, sua sponte, several other cases removed by FCA in recent weeks based on similar or identical allegations. 2 The…