David Scheft v. BMW of North America, LLC

I. Factual and Procedural Background

On March 24, 2020, Plaintiff filed a Complaint for Restitution and Damages (“Complaint”) against Defendant in Los Angeles Superior Court, alleging a cause of action for violation of the Song-Beverly Consumer Warranty Act. In his Complaint, Plaintiff alleges that he leased a 2016 BMW 750i on July 27, 2017, and that during the warranty period the vehicle developed defects, including but not limited to, defects to the check engine light, the valve timing system, and the driver assistance system. On March 26, 2020, Plaintiff served the Summons and Complaint on Defendant. On April 27, 2020, Defendant filed its Answer. On May 8, 2020, Defendant filed a Notice of Removal, alleging that this Court has jurisdiction pursuant to 28 U.S.C. § 1332(a).

II. Legal Standard

A motion to remand is the proper procedure for challenging removal. See N. Cal. Dist. removal statute is strictly construed, and any doubt about the right of removal is resolved in favor of remand. See Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir.1992); see also Prize Frize, Inc. v. Matrix, Inc., 167 F.3d 1261, 1265 (9th Cir.1999). Consequently, if a plaintiff challenges the…