Graciela Carrillo v. FCA US LLC

Good Law
United States District Court, Central District of CaliforniaMay 1, 20205:20-cv-00481California1,462 words

Opinion

Trial Court Opinion

I. BACKGROUND

On February 5, 2020, Plaintiffs filed their Complaint in the Superior Court of the State of California for the County of Riverside against Defendants Moss Bros. CJD Inc. (“Moss”), FCA US LLC (“FCA”), and Does 1–10. (“Complaint,” Dkt. No. 1-4.) The Complaint alleges four causes of action: (1) Violation of Song-Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, (3) Violation of Song-Beverly Act Section 1793.2, and (4) Negligent Repair. (Complaint.)

On March 9, 2020, Defendant FCA removed the action to federal court. (“Notice of Removal,” Dkt. No. 1.) Plaintiff filed the Motion on April 3, 2020. (Motion.) Defendant opposed the Motion on April 13, 2020. (“Opposition,” Dkt. No. 13.) Plaintiff replied in support of the Motion on April 17, 2020. (“Reply,” Dkt. No. 14.)

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II. LEGAL STANDARD

Pursuant to 28 U.S.C. § 1441(a), a defendant may remove a matter to federal court where the district court would have original jurisdiction. Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). Federal courts have limited jurisdiction, “possessing only that power authorized by Constitution and statute.” …

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