Heidi Shank v. FCA US LLC

I. BACKGROUND

Plaintiff filed this “lemon law” action in Orange County Superior Court on February 7, 2020. (Compl., Doc. 1-2.) In the Complaint, Plaintiff alleges that FCA violated California’s Song-Beverly Consumer Warranty Act (the “Song-Beverly Act”) by selling Plaintiff a defective vehicle, failing to repair the vehicle “after a reasonable number of attempts,” and then refusing to repurchase the vehicle or otherwise make restitution to Plaintiff. (See id. ¶¶ 8–11.) FCA removed the case to this Court on March 12, 2020, asserting diversity jurisdiction. (Notice of Removal (“NOR”), Doc. 1.)

1 The Court finds this matter appropriate for decision without oral argument. See Fed. R. Civ. P. 78; C.D. Cal. R. 7-15. Accordingly, the hearing set for June 26, 2020, at 10:30 a.m., is

VACATED.

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 8:20-cv-00509-JLS-KES Date: June 25, 2020 Title: Heidi Shank v. FCA US LLC et al.

II. LEGAL STANDARD

A defendant may remove a case that was filed in state court to a federal court in the same…