Anifa Danelian v. FCA US LLC

Good Law
United States District Court, Central District of CaliforniaAugust 13, 20202:20-cv-04644California1,409 words

Opinion

Trial Court Opinion

I. Introduction

Plaintiff Anifa Danelian (“Plaintiff”) filed this motion to remand this lawsuit to California state court on June 26, 2020. Dkt. 12. For the reasons articulated below, the Court GRANTS Plaintiff’s motion.

II. Factual and Procedural Background

Plaintiff initially filed this action in Los Angeles County Superior Court on December 16, 2019. Dkt. 1-1, Ex. D. Plaintiff’s Complaint alleges violations of California’s Song-Beverly Act, Cal. Civ. Code § 1790 et seq., on the basis that the new Fiat 500 automobile (“the Vehicle”) Plaintiff purchased on July 27, 2018 had serious defects that FCA failed to repair after a “reasonable number of repair attempts.” Id. at 4. On May 22, 2020, Defendant FCA US LLC (“FCA”) removed the lawsuit to this Court on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332.1 Dkt. 1. FCA alleged in its Notice of Removal that the parties were completely diverse, and that the amount in controversy (“AIC”) exceeds $75,000. Id. at 3. In support of this assertion FCA asserted that the purchase price of the Vehicle

1 FCA’s Notice of Removal also cites to 28 U.S.C. § 1331 and references “federal question jurisdiction” on the first page…

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