Greenkraft, Inc. v. Walters Auto Sales and Service, Inc.
Opinion
Trial Court Opinion
I. Background
A. Facts Plaintiff alleges that it was defrauded by Defendants in connection with a sale of 140 vehicles, a consequence of which involved misuse of Plaintiff’s trademark. See generally Second Amended Complaint (“SAC”) (Dkt. 1-2).
CIVIL MINUTES – GENERAL
Case No. SA CV 20-01033-DOC-KES Date: August 7, 2020 Page
B. Procedural History Plaintiff originally filed suit in the Superior Court of California, County of Orange; its SAC was filed on or about March 27, 2020. Dkt. 1-2. Defendants removed the case to this Court on June 8, 2020, on the basis of Plaintiff’s Lanham Act claim. See generally Dkt. 1-1. On June 16, 2020, Plaintiff voluntarily dismissed its cause of action under the Lanham Act. Dkt. 23.
Having abandoned the only federal cause of action, Plaintiff filed the instant Motion to Remand (Dkt. 37) on July 8, 2020. On July 20, 2020, Defendants filed/joined an Opposition brief (Dkt. 43), and Plaintiff submitted its Reply (Dkt. 47) on July 27, 2020.
II. Legal Standard
“If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” 28 U.S.C. § 1447(c).…