Gwendolyn Limon-Gonzalez v. Kia Motors America, Inc.

Good Law
United States District Court, Central District of CaliforniaJuly 7, 20202:20-cv-04381California2,519 words

Opinion

Trial Court Opinion

I. Background

Plaintiffs purchased a 2012 KIA Optima whose engine caught fire and destroyed the subject vehicle. Plaintiffs filed this action on April 6, 2020 in the Superior Court of California, County of Los Angeles, case number 20STCV13427. In their initial Complaint, Plaintiffs alleged claims for violation of California’s Song-Beverly Consumer Warranty Act, violation of the Magnuson-Moss Warranty Act, fraudulent omission, and violation of the Consumer Legal Remedies Act. Defendant filed a Notice of Removal on May 14, 2020. Defendant alleges this Court has federal question jurisdiction over this case pursuant to 28 U.S.C. §1331 because Plaintiff raises a federal claim under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301. (Dkt. 1 (“Removal”) 710.) Plaintiff has now filed a Motion to Remand on the basis that Defendant failed to carry its burden in establishing that the Magnuson-Moss amount in controversy requirement has been met.

I. Legal Standard

Federal courts are courts of limited jurisdiction, having subject matter jurisdiction only over matters authorized by the Constitution and Congress. Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377 (1994). A…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.